3D Shape Trade Marks For Medical Devices

Innovation in medical devices continues strongly and the introduction of IoT and 3D printing (amongst others) has led to an acceleration in new medical devices. Whilst patents and designs are the obvious routes to protect medical devices, consideration should also be given to 3D shape trade marks.

How to protect

Trade marks: Although trade marks are often seen as protecting the brand name and reputation, it is possible to register 3D shapes if they also function as a brand. This is because the legal definition of a trade mark is "any sign which is capable

(a) of being represented in the register in a manner which enables the registrar and other competent authorities and the public to determine the clear and precise subject matter of the protection afforded to the proprietor, and