Industrial Property Office

Distinctiveness of threedimensional marks (shape marks) containing verbal and/or figurative elements when the shape is not distinctive in itself


CP 9 - Distinctiveness of threedimensional marks (shape marks) containing verbal and/or figurative elements when the shape is not distinctive in itself

The IP offices of the European Trade Mark and Design Network have now agreed on a Common Practice with regard to the distinctiveness of three-dimensional marks (shape marks) containing verbal and/or figurative elements when the shape is not distinctive in itself, with the aim of establishing a minimum threshold for distinctiveness of shape marks when the shape itself is non-distinctive.

The scope of the Common Practice is the assessment of the overall inherent distinctiveness of shape marks consisting of a non-distinctive shape of the goods themselves, packaging or containers, and other elements to which the shape mark extends, within absolute grounds examination.

Distinctiveness of threedimensional marks (shape marks) containing verbal and/or figurative elements when the shape is not distinctive in itself (pdf, 3,3 MB)