In addition to protecting traditional word marks and figurative marks, it is also worth considering the possibility of registering multimedia trademarks, which has n possible since October 1, 2017, thanks to changes in EU regulations on the protection of intellectual property. Netflix, regardless of the protective rights it has for its “traditional” trademarks, took the opportunity to attempt to register a sound trademark, the subject of which was the distinctive “jingle” sound that appears with the Netflix logo when a video production is launched. Unfortunately, this attempt was unsuccessful, as the European Union Intellectual Property Office (EUIPO) ruled in the first instance that the submitted sound mark did not have a distinctive character and was too simple to be granted legal protection. Despite pursuing an appeal, Netflix eventually relented and finally withdrew its application.
Without giving up on its goals, Netflix recently decided to register another European Union multimedia trademark. What is it about? It concerns a distinctive letter “N” in red, set against a black background, which then transforms into various multicolored vertical lines. Currently, the application is recognized by EUIPO, but this time the presented “mark” undoubtedly has a distinctive character and is characteristic of the American platform.
Regardless of the efforts related to the registration of trademarks closely related to Netflix, it is worth noting that the service is making successful applications for verbal marks closely related to the series it produces. Examples include “La casa de papel,” “Stranger Things,” and “Mindhunter.” Often, these marks cover not only classes related to entertainment services but also the clothing industry, which is related to the enormous popularity and commercial success of some series. Such actions aim to avoid situations in which other entities unrelated to the American platform impersonate Netflix, for example, by offering clothing, accessories, and various low-quality gadgets, which in turn may translate into a negative perception of the brand.
As you can see, the Netflix platform, in the area of seeking legal protection, continues to try new solutions, especially in the area of multimedia marks. Whether the latest application will bring the desired success or share the fate of the sound trademark, we will find out in the near future.
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