As previously use of a common font (such as Helvetica) is not sufficient. The combination of a descriptive word and a simple graphic shape (a line or circle) is also insufficient. Now, however, deemed insufficient are as well: 1) a figurative element that is too small; 2) elements that are used a lot (such as in labels); or 3) if the image is a depiction of the goods and services. Especially this last point is a great concern, because it does not only apply to photographic images, but also to drawings and stylized images. The question whether the new policy to reject (highly) stylized pictograms is fair or not, is one to be answered by the European Court, for which we probably will have to wait several years. It may be the case, however, that national trademark authorities take a different route than OHIM.
