How to Trademark a Shape?

1. How to Trademark a Shape?

2. Introduction to the process of Trademark a Shape A shape trademark is a 3-D shape used to discern the goods or services of one business from those of other businesses. Shapemark registered should have the capability of identifying goods to a particular producer based on the shape of the product alone. There was no statutory provision before 1999, Trade Mark act which recognized the shape of the product as its distinct character and hence no protection was provided. This practice has now evolved and includes non-traditional trademark such as the shape of the packaging and specific shapes as well. Click for Process of Shape TM

3. Requirements for Registration In Process • The applicant is under an obligation to state that the application for trademark registration is for shape trademark • A drawing to be submitted with the application which will show all the features of the trademark • There shall be no discrepancy between the representation and description of the trademark. The illustration must be accompanied by a concise and accurate description of the shape mark. • The image must contain more than one view of the trademark • The application must be submitted in black and white or colour photographs as the representation of the mark. The photographs submitted must be original if filling application physically; in case of online application the photographs must be scanned and filed. See Also: How to Trademark a Logo in India

4. The Criterion that Shape TM Needs to Fulfill • The graphical representation of the trademark • The shape has Acquired Distinct character •  Evidence of Prior Use More: What is Shape Trademark

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