Shape Trademark In India

A distinctive shape of goods or its packaging or any three dimensional object capable of being represented graphically, can be a trademarked in India. A famous case involving shape trademark is the fight between Nestle and Cadbury. Nestle had blocked Cadbury's attempt to trademark the purple color used in its packaging while Cadbury blocked Nestle's attempt to trademark the four-fingered chocolate bar shape trademark. In this article, we look at Shape Trademark In India.

Requirement for Shape Trademark Registration

A trademark registration can be obtained for any distinctive shape of goods or its packaging or any th

ree dimensional object capable of being represented graphically. However trademark registration cannot be obtained for shapes that consist exclusively of:

Shape of goods which results from the nature of goods themselves;
Shape of goods which is necessary to obtain a technical result;
Shape of goods, which gives substantial value to the goods.

Shape Resulting from the Nature of Goods

Any shape that is a result from the nature of goods themselves cannot be trademarked. The basis of this clause is to keep free of exclusivity any basic shapes of goods - for use by the public.

Shape Necessary to Obtain Technical Result

Any shape of good that is necessary to obtain a technical result cannot be trademarked. Hence, any shape which consist exclusively of the shape of a product that are attributable to the technical result cannot be trademarked.

Lego Shape Trademark

Example: Lego was the owner of a trademark for three-dimensional shape of a red lego brick. Mega Brands applied to have Lego's trademark declared invalid on the basis that the shape of the brick was necessary to obtain a technical result. Mega Brands contended that it was necessary to include two rows of studs on the upper surface of the brick in order to fit with other lego bricks. The European Courts agreed with Mega Brands and declared Lego's trademark invalid.

Shape Giving Substantial Value to the Goods

The basis behind not providing trademark protection to shapes that give substantial value to the goods is to excludes “aesthetic shapes” from trademark registration. Thus, any shape that appeals to the eye compared to the common shape of a product cannot be trademarked. As a test for determining substantial value to the goods, what compels customers to select the particular shape over competing shapes, leaving aside any value attributable to better materials used or to any technical or functional feature must be determined.

To know more about shape trademark, consult a Trademark Attorney through IndiaFilings.com

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Frequently Asked Questions

Common questions about Shape Trademark Registration India: Legal Insights.

A shape trademark in India refers to the registration of a distinctive shape of goods, their packaging, or any three-dimensional object capable of being represented graphically. It protects the unique shape or form of a product or its packaging from being used by others.

To register a shape trademark in India, the shape should be distinctive and not consist exclusively of shapes that result from the nature of the goods themselves, shapes necessary to obtain a technical result, or shapes that give substantial value to the goods.

No, any shape that is a result from the nature of the goods themselves cannot be trademarked. The law aims to keep basic shapes of goods free for public use and not allow exclusivity over them.

Shapes of goods that are necessary to obtain a technical result cannot be trademarked. This is because any shape that consists exclusively of the shape of a product attributable to the technical result should remain available for others to use.

No, shapes that give substantial value to the goods, or "aesthetic shapes," are excluded from trademark registration. This is to prevent trademarking shapes that appeal to the eye and compel customers to select them over competing shapes, leaving aside any functional or technical features.

To determine if a shape gives substantial value to the goods, it is assessed what compels customers to select the particular shape over competing shapes, excluding any value attributable to better materials used or technical or functional features.

Yes, a famous case involving shape trademarks in India is the fight between Nestle and Cadbury. Nestle had blocked Cadbury's attempt to trademark the purple color used in its packaging, while Cadbury blocked Nestle's attempt to trademark the four-fingered chocolate bar shape.

Yes, any three-dimensional object capable of being represented graphically can be registered as a shape trademark in India, provided it meets the necessary requirements and is not excluded based on the nature of the goods, technical result, or substantial value.

The purpose of excluding certain shapes from trademark registration is to prevent monopolization of basic or functional shapes, allow competition, and promote innovation by keeping such shapes available for public use.

To seek assistance with registering a shape trademark in India, one can consult a trademark attorney or a legal service provider specializing in intellectual property rights. They can guide you through the registration process and ensure compliance with the necessary requirements.