Some marks that label a product become distinctive just because of how they are
positioned in a product. Today, we as consumers can easily identify the products
of popular brands due to the positioning of some specific elements on the
products, for instance, the three stripes of Adidas, Louboutin’s red sole shoes, or
the red label on the back pocket of Levi’s jeans. Originating from German
doctrine, one of the unconventional or non-traditional trademarks, ‘Position
Marks,’ is a clear, precise, intelligible, and objective kind of mark placed or affixed
at a specific area on a product in an appropriate and proportionate shape and
size, capable of showing graphical representation.
What is a Position Mark?
A simple illustration of a specific color, a combination of colors, or a particular
shape on a product can amount to a position mark. A registered position
trademark protects a feature as applied to a given product in a specific and
distinctive position. Like any other type of mark, even a position mark needs to
have a distinctive character. The sign should be such that a potential buyer has an
option to separate the sign from the ordinary appearance of the product in a way
that such sign withdraws a particular product from the other standards or
Some examples of position marks are illustrated below:
For elements of decoration of shoes
For decoration of clothes
For decoration of eyeglass frames
Why is a Position Mark Useful?
A position trademark ensures the protection of the mark on a particular object,
which cannot be registered as a separate mark. Such mark is of an appropriate
size or proportion positioned on the specific area of the product, for example, in
the middle of the product or represented as a silhouette.
Requirements for Registration of a Position Trademark
The position trademark should be capable of being represented graphically, and
hence, a detailed and clear description of the positio