The registration of three dimensional trade marks
Not only are two dimensional shapes and logos clear for registration but also 3D trade marks also have been accepted as suitable trade marks by the UK Intellectual Property Office.
There are also more common than you may think. When reaching for your favourite Coca Cola branded product from your local shop, you are in fact picking up a registered three dimensional mark. The Coca-Cola bottle which is unique in its shape and design was successfully registered as a trade mark in its 3D form.
However, as recent cases have highlighted, while a 3D mark can be registered, it is very difficult for the shape to be deemed distinctive which is a requirement of trade mark registration.
Nestle recently had a long continuing battle in which they were unsuccessful when trying to register the 3D shape of their ‘KitKat’ confectionary bar as a trade mark, with the court failing to see it as anything but non-distinctive and only the shape needed for it to fulfil its technical function.
Therefore, when considering the registration of a three dimensional mark, distinctiveness should be your focus.
For more information contact Jane at The Trademarkroom
By Ellis Sweetenham