Coca-Cola wanted to extend the protection of its well-known beverage bottle, protected as an EU trade mark, and applied for a simpler bottle shape. Can a three-dimensional shape be registered as an EU trade mark even if it has a common design?
A variation of the famous protected Coca-Cola bottle was registered as a three-dimensional trade mark. Why was it possible for this shape of product be protected as a trade mark?
In addition to time-limited patent protection, can indefinite trade mark protection be sought for the product shape of the Global Yoshikin knives?
Have you registered the shape of a technically sophisticated product, such as the Rubik’s Cube, as a trade mark? Then check again whether the trade mark is really protectable.
Your product has an extraordinary design and a special technical function. The Gömbök is such a product. Is trade mark protection for such products easy to achieve?
A particularly attractive opportunity, economically, in terms of trademark law is the registration of a trade mark for a product shape. This was precisely the basis of protection for the well-known Gardena hose syringes and their particular coloured shape. However, over the course of time Gardena had changed the colours of this trademarked product. Did it therefore have to accept that its protection had lapsed due to non-use?
Do you want to communicate the sustainability of your products and highlight them with a catchy eco brand exclusive to your company? Then you should be aware of the conditions for the protection of such an eco trade mark.
The case: The opportunity for a seller to have their goods, which are being sold via a marketplace operator, stored by that same operator is of great benefit. The Amazon Marketplace service is advertised thus: ‘Try fulfillment by Amazon now and get free shipping to an Amazon fulfillment center, free storage, free removals, and free return processing with the FBA New Selection program (conditions apply) …’
Your trade marks should not, if possible, share similarities with earlier signs. The Court of Justice of the European Union has set a high benchmark in this regard. They must be strictly observed, otherwise your trade marks may be in great danger and you may inadvertently become an infringer who will be obliged to pay damages.
A caterer had the idea of registering ‘grill meister’ [‘grill master’] as a brand for his barbecue and beer products, as well as for his catering. He gave his brand a simple design and as a special feature the registration symbol ®. However, the caterer was very surprised when the Federal Court of Justice certified his trade mark as not only being unable to be protected, but also deceptive.