ABSTRACT
This chapter builds on certain findings by the aforementioned multimodalists, whose work overlaps to some extent with Gilbert’s visceral argumentation. But the approach to the analysis here is mainly multimodal. EU trademark law has traditionally mostly included word and figurative trademarks, but also shape and other trademarks. Recently, sound, motion, hologram, and multimedia trademarks have been included, which has brought additional argumentative problems. This chapter also deals with the classical Sabel test that the EU Court of Justice applied to resolve (multi-modal) argumentative problems in trademark disputes.
