A three-dimensional or 3D trademark registration protecting the shape or three-dimensional appearance of a mark. You identify a product or service from a particular company by their trademark. In some cases the unique shape or product package can be registered as a 3D trademark.
There are still not that many applications for the registration of these trademarks. Mainly because besides the traditional requirements for registering a trademark, there are additional requirements. The two aspects why the 3D trademark is mostly rejected are distinctiveness and technical function.
Once again, the General Court has found a three-dimensional mark consisting of a product shape not sufficiently distinctive for registration. This time, the shape in question was that of a vehicle, and it was held non-distinctive in relation to automobiles and related goods. Background of the case Jaguar Land Rover Ltd. had applied for the…
While many commentators discussed the judgment of CJEU of 16 September 2015 in the case C-215/14. – Société des Produits Nestlé SA v Cadbury UK Ltd. – also known KIT KAT case, most of them debated on whether Nestlé or Cadbury is the winner of the referral and now are eagerly await the judgment of…
According to the Spanish Supreme Court, three-dimensional marks consisting of the shape of the product or its packaging are not considered to be genuinely used when used in conjunction with a highly distinctive word mark. Kraft Foods Galletas, S.A. (now Mondelez España Galletas Productions, S.L.), subsidiary of Kraft Foods Global Brands LLC (now Intercontinental Great…
