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ARTICLE · 15 MAY 2018

The Shape Of Things

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Three-dimensional shape trademarks are the most commonly sought non-traditional registrations at the European Intellectual Property Office (EUIPO).

European UnionIntellectual Property
Clare Cornell
Clare Cornell
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Three-dimensional shape trademarks are the most commonly sought non-traditional registrations at the European Intellectual Property Office (EUIPO). These are examined to decide whether they have the necessary distinctive character to function as a trademark.

It is the EUIPO's view that the public is generally not accustomed to looking to the shape of a product, or its packaging, to ascertain the origin of the products, and where shapes are not unusual, consumers may not perceive these shapes to be indication of origin.

At the EUIPO, shape marks are grouped into three categories:

  • Those unrelated to the goods or services themselves.
  • Shapes that consist of the shape of the goods themselves or part of those goods.

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