It's possible to protect the shape of a new product
through trademark, design and copyright law. However, in reality,
design law and copyright are generally the most applicable,
as Léa de Ladoucette
explains.
Although EU trademark law provides the possibility to protect
shapes through the 3D trademark, shape marks have often proved
difficult (although not impossible) to register and
enforce. Generally, this is because the distinctiveness of such
shapes is questioned on the basis that the average consumer is less
used to identifying the commercial origin of the product by its
shape.
As a result, protection for shapes is more generally sought
through the application of design law and/or copyright. Indeed,
creations can be protected by both legal regimes, although the
terms and conditions of protection are different.
