3D Trademark

Shape mark: form of a drinking bottle lacks distinctiveness in relation to perfumes A recent judgement of the Swiss Federal Administrative Court highlights the strict practice for the registration of…

The Court of Appeal (‘CoA’) recently published its decision on the validity of two shape mark registrations for the shape of London black taxis. Unfortunately, it has not improved the position for…

Nestlé was last month dealt another blow in its relentless bid to register the 3D shape of its famous four-fingered bar. The Court of Appeal (CoA) of England & Wales last month upheld the High Court…

This important decision by the German Federal Supreme Court of 15 January 2017 is about how the protection against copying under unfair competition law interplays with trademark and patent law: The…

3-D Mark litigation is like life itself – you never know what you're going to get. And for that reason, it’s all the more enjoyable when a 3-D registration prevails over a knock-off. A notorious…

Can a scooter enjoy, contemporaneously, protection as a three-dimensional trademark (hereinafter 3D mark) and under copyright law?  Apparently it can, at least according to the Court of Turin, which…

Following a request for cancellation, the Federal Patent Court decided to cancel a shape mark for sweets arguing that it exclusively consisted of a shape necessary to obtain a technical result …

Denmark: 3D-marks – so desirable and yet so hard to get Lately, there have been four interesting 3D-cases in Denmark based on absolute grounds. The first case is a decision by the Danish Board of…

A recent case before the European Court of Justice has dealt with the interesting question of how Article 7(1)(e)(ii) of Regulation No 40/94 (now replaced by Regulation 207/2009), which provides that…