The year 2025 confirmed, at European level, a clear evolution in the way trademarks are approached: from simple protection titles, to strategically managed legal assets. EUIPO practice and recent case law have highlighted an increased attention to distinctiveness, use and coherence in the exploitation of the trademark, reflecting a maturation of the protection system.
Against this background, 2026 is expected to be a year of consolidation of these directions. Trends indicate a more sophisticated use of legal instruments, a closer integration of the trademark into the business strategy and a continuous adaptation to digital realities. For rights holders, the emphasis is shifting from simple registration to intelligent and long-term brand management.
Consolidating the trademark as a visual asset: the increasingly important role of figurative trademarks
A clear trend, visible both at OSIM and EUIPO levels, is the increased emphasis placed on figurative trademarks. In a commercial environment dominated by rapid visual communication, logos, distinctive graphic elements and coherent visual identity are gaining increasing strategic importance.
Figurative marks offer, in practice, a higher degree of legal flexibility, being easier to differentiate and more resistant to refusals or conflicts based on descriptiveness. For 2026, a clear preference is emerging for protecting brands through combinations of verbal and figurative elements, which strengthen the distinctiveness and defensibility of the brand.
The emergence and normalization of multimedia marks
Against the backdrop of accelerated digitalization, a steady increase in registration applications for multimedia marks is observed, both at OSIM and at EUIPO. These reflect the modern way of interacting with brands, which are no longer perceived exclusively through a name or a static logo, but through complex experiences: sound, animation, movement.
By 2026, multimedia trademarks are no longer an exception, but a natural extension of brand identity for companies active in the digital environment, especially in areas such as technology, entertainment, applications or online services.
Artificial Intelligence and Trademarks: Between Opportunity and Legal Challenge
The use of artificial intelligence in the creation of brands, logos and visual identities is already a reality, and in 2026 this phenomenon will become even more present. From a trademark perspective, AI raises essential questions related to originality, distinctiveness and legal liability.
Although artificial intelligence can speed up the creative process, the final decisions regarding the choice and protection of a trademark remain deeply legal. In practice, signs generated by AI must be assessed with the same rigor as any other trademark, and the risks of similarity or lack of distinctiveness are not eliminated by the use of technology.
The Nice Classification and Adaptation of Protection Strategies
Another relevant aspect for 2026 is the update of the Nice Classification, which brings adjustments regarding the classification of certain goods and services. These changes may influence the filing strategy and expansion of the trademark portfolio, especially for businesses active in dynamic or hybrid fields.
You can read more about the structure of the Nice Classification and the importance of choosing the right classes in our article: Nice Classes Explained – A Practical Guide for Entrepreneurs and Trademark Owners
Actual Use of the Trademark, Under Increasingly Stricter Scrutiny
Another significant trend is the intensification of revocation actions for non-use. Holders are increasingly in a position to demonstrate real and serious use of the trademark, rather than formal or symbolic use.
Authorities and courts rigorously analyze evidence of use, including its coherence, connection with the registered goods and services, and continuity over time. In this context, the trademark becomes a right that must be constantly exercised, not just held.
Legal clarity and practical benchmarks in 2025: what prepares us for 2026
A defining element for trademark practice in 2025 was the increase in legal clarity at the level of the European Union, in particular through the case law of the General Court of the European Union and the evolution of the examination guidelines issued by the EUIPO.
A prime example is the decision of July 2025 in the Rubik’s Cube case (Spin Master Toys UK v EUIPO – Verdes Innovations), in which the General Court confirmed the invalidity of three-dimensional trademarks registered for the shape of the famous game cube. The General Court held that the essential elements of the shape in question were strictly linked to the functionality of the product and, therefore, could not be protected as a trademark as they were necessary for the technical result of the product, namely the rotation and straightening of the cube — the decision underlines the limits applicable to non-traditional trademarks in the European Union.
Pe plan european, 2025 a fost și un an de referință din punct de vedere statistic. EUIPO a depășit pragul de 5 milioane de cereri de mărci și desene depuse de la înființare, confirmând interesul constant al mediului de afaceri pentru protecția proprietății intelectuale. Totodată, studiile recente realizate de EUIPO și Oficiul European de Brevete arată că firmele care dețin drepturi de proprietate intelectuală înregistrate obțin rezultate economice semnificativ mai bune, efectul fiind deosebit de pronunțat în cazul IMM-urilor.
În acest context, anul 2026 devine cu atât mai relevant, cu cât programul SME Fund revine din 2 februarie 2026, oferind sprijin financiar pentru protejarea mărcilor și a altor drepturi de proprietate intelectuală. Este un moment oportun pentru antreprenori să își consolideze portofoliul de mărci și să transforme protecția juridică într-un avantaj competitiv real.
Pentru asistență, reprezentare și consultanță în materia mărcilor – fie că vorbim despre înregistrare, administrarea portofoliului, opoziții, anulări sau strategii de protecție adaptate noilor tendințe din 2026, Agenția TAS vă stă la dispoziție:
E-mail: office@agentiatas.ro
Telefon: 0745 160 163
At the European level, 2025 was also a landmark year in terms of statistics. The EUIPO has exceeded the threshold of 5 million trademark and design applications filed since its establishment, confirming the constant interest of the business environment in the protection of intellectual property. At the same time, recent studies conducted by the EUIPO and the European Patent Office show that companies that hold registered intellectual property rights achieve significantly better economic results, the effect being particularly pronounced in the case of SMEs.
In this context, the year 2026 becomes even more relevant, as the SME Fund program returns from February 2, 2026, offering financial support for the protection of trademarks and other intellectual property rights. It is an opportune moment for entrepreneurs to strengthen their trademark portfolio and turn legal protection into a real competitive advantage.
For assistance, representation and consultancy in trademark matters – whether we are talking about registration, portfolio management, oppositions, cancellations or protection strategies adapted to the new trends of 2026, the TAS Agency is at your disposal:
E-mail: office@agentiatas.ro
Phone: 0745 160 163
