3D Trademark / Shape Mark
3D Trademark / Shape Mark
3D trademarks, also known as physical marks or shape marks, can be independent figures, the design of the product packaging, or the shape of the product itself.
Distinctiveness
3D trademarks can be registered if they have a distinctive character. A higher degree of distinctiveness is required for their registrability than for a figurative mark.
Moreover, signs consisting exclusively of the shape which results from the nature of the goods themselves, is necessary to achieve a technical result, or gives substantial value to the goods are excluded from registration as a 3D trademark. The specific shape of the packaging of a product cannot fulfill the function of a distinctive sign if it has exclusively or predominantly technical-functional significance.
Shape designs can therefore only be registered as 3D trademarks if they are distinctive. Distinctiveness, in turn, only exists if the design is not exhausted in the generally known repertoire of forms and is not exclusively or predominantly technically determined.
Examples
The following 3D trademarks are eligible for protection:
- the relief-like, stylized wave in the mineral water bottle of Vöslauer
- the purple cow of the chocolate manufacturer Milka
- the triangular shape of the Toblerone packaging
The three-dimensional shape of a chocolate bunny, for example, is not eligible for protection.
Select Your Preferred Appointment Now:Free initial consultationOther Types of Trademarks
Word marks Figurative marks Word/figurative marks Color marks 3D marks / Shape marks Position marks Pattern marks Sound marks / Aural marks Identification thread marks Hologram marks Motion marks Multimedia marks Other marks
Costs of a 3D Trademark / Shape Mark
You want to register a 3D trademark / shape mark? Then you have come to the right place!
You can find an overview of the costs and fees in our trademark protection packages with fixed prices.
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