|Could this be a trade mark? Yes,|
if you add a "suggestive word"
The Court of Patent Appeals agreed in principle: where a trade mark is made up of elements that are not a means of individualisation of a product, it will not be perceived as a distinctive mark - this is particularly true where an element of the mark is well known in a different context. However, one of the marks applied for consisted of what the Court called "a figurative element together with a word of a suggestive nature". This figurative mark could function as a trade mark and, therefore, the bar to registration had been overcome. The court directed that the Patent and Registration Office reassess the application in light of the court's decision.
Source: "Paintings cannot be registered as figurative trademarks" by Tom Kronhöffer and Sofia Ekdahl (MAQS Law Firm, Stockholm) in World Trademark Review
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