To Örebro University

The essential function of a trade mark is to guarantee the identity of the origin of the marked goods or services to the consumer or end user. For this, it must have distinctive character. Some trade marks may, however, convey other messages, in addition to the trade mark message. This is often the case with unconventional trade marks, such as shape marks and colour marks, because of the nature of those trade mark objects. The problem with several messages may, however, also arise in connection with conventional trade marks, such as descriptive word marks and slogans. It may be difcult to establish distinctiveness in relation to such marks, since the consumers do not easily perceive them as indicating commercial origin. In some cases there may also be a public interest that the potential trade mark object should be freely used by all. The problems with registering trade marks with multiple messages in the European Union will be dealt with in this article, with a focus on how the balancing of diferent interests has been done by the legislator and in case-law.