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ARTICLE · 24 JANUARY 2025

You Know It When You See It – Shapes As Trademarks

Schoenherr (Schönherr Rechtsanwälte)
Schoenherr (Schönherr Rechtsanwälte)
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Schoenherr (Schönherr Rechtsanwälte)

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Shapes can function as a clue to identify the source and differentiate between products of different companies. While browsing a store shelf, consumers often identify...

AustriaIntellectual Property

Shapes can function as a clue to identify the source and differentiate between products of different companies. While browsing a store shelf, consumers often identify a product by its shape before even noticing its label. Shape marks offer a beneficial avenue to safeguard product designs, packaging, and containers in both Austria and the entire European Union.

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What is a shape mark?

Shape marks or three-dimensional marks are trademarks consisting of a three-dimensional shape. By registering a shape mark, the appearance of a product can be protected if it is capable of distinguishing the goods or services of one undertaking from those of others (=acting as a trademark). You will likely recognise the following shapes as indicating products originating from a certain company:

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