A positional trademark is more than just a logo or design. This is a unique designation, where the main thing is not only the shape, color or size, but also the location of the sign on the product. Imagine a visual anchor that instantly brings to mind a particular brand - not because you remember the shape of the logo, but because it is always in the same place. This is what makes position marks a powerful branding tool and at the same time a difficult object to register

When a location becomes a brand: living examples

One of the most striking examples is the iconic red sole of Christian Louboutin shoes. The history of its registration is almost a detective story. Initially, the designer painted the soles by hand, inspired by his assistant's manicure. The color and arrangement had such an effect that women on all continents began to recognize “Louboutins” by this detail. Later, Louboutin faced attempts by competitors to copy the design, and was forced to defend the rights to the mark in the courts, including in the US and the EU. The disputes dragged on for years, but in the end the red sole received official legal protection precisely as a positional trademark.

Christian Louboutin shoes

Here's another interesting example: Levi's jeans, where the little red tab on the back pocket plays a huge role. This tiny element is not just a decorative detail, but a powerful sign of recognition. Despite its size, the tab was registered as a position mark because consumers confidently associated it with the brand.

Levi's jeans

The same goes for the Adidas three stripes. The company has been fighting in court for years against those who try to place similar stripes on the sides of shoes or clothing. In one case, Adidas sued a Belgian brand that used two stripes. Although the difference seemed minimal, the court sided with Adidas because it is the placement of the stripes that creates brand recognition—and again, it is a positional mark.

Adidas shoes

What does it take to register a positional trademark?

Registering a positional trademark is not just about filing an application with a picture. A number of requirements must be met:

  • Distinctiveness - the placement of a mark on a product should cause the consumer to associate with a specific manufacturer.
  • Non-functional - the sign should not perform a technical function. For example, a simple notch to make the package easier to open will not be registered as a mark, even if it is unusual.
  • Originality - the mark must be unique to a specific product segment and not be a generally accepted solution.

It is interesting that sometimes position marks appear as if by accident - designers create something unusual, and consumers begin to associate it with the brand. Thus, the Rolex logo in the form of a crown, located on a certain gear that holds the watch glass, became a distinctive feature of the company, although at first it was more of a design decision.

How to properly submit an application to Rospatent

When filing a positional trademark, it is necessary to show the location of the mark on the product for which the trademark is intended to be registered.

Shoes with an arrow and a five-pointed star

Pocket with two parallel wavy broken lines

Rospatent requires a clear description of the mark and its location:

  • it is necessary to attach a schematic image of the product, which indicates the exact location of the mark;
  • you need to describe proportions, color, size and other elements;
  • indicate what exactly is the object of protection (and what is just the outline of the product).

It is important to remember: the image of the product itself is not protected - only the sign and its placement. And if a competitor uses the same element, but places it in a different place, this may already be a different sign.

Where are positional trademarks most commonly found?

  • Clothing and shoes - logos on the sleeves of Moncler jackets, stripes on the sides of Adidas sneakers, pocket tabs on Levi’s jeans;
  • Watches and jewelry - distinctive logos or engravings in a fixed location;
  • Packaging - unusual elements on the lid or side of the box;
  • Equipment and cars - branded elements on levers, buttons, covers, etc.

Difficulties and pitfalls

Developing a positional trademark is not only a creative process, but also a strategic task:

  • The mark may not be understood in other countries or may cause undesirable associations;
  • Complex and small elements are lost when zooming out and are poorly perceived by the consumer;
  • A rigidly fixed layout can limit a brand's ability to redesign and adapt.

For example, one of the Asian brands tried to register a sign that was a hieroglyph placed strictly on the lower edge of the sleeve. But when entering the international market, it turned out that in some countries this hieroglyph is read as an offensive or religiously sensitive symbol. As a result, the company had to abandon the use of the mark - despite the efforts and resources invested.

Summary: when a position mark is a powerful asset

Positional trademarks are not just a fashion fad, but a serious asset in a brand's arsenal. They help:

  • increase product recognition;
  • protect against copying;
  • strengthen customer loyalty;
  • create a visual anchor that will be associated with the quality and style of the company.

But for such a mark to really work for a brand, it is important to properly develop, register and use it. This cannot be done without the well-coordinated work of designers, marketers, and patent attorneys. And if everything is done correctly, this anchor will keep the brand in the consumer’s memory for a long time.

Ishinov Ilya

Source: VC.RU