In addition to time-limited patent protection, can indefinite trade mark protection be sought for the product shape of the Global Yoshikin knives?
The patent of your product has expired. And the trade mark that protected its shape has been cancelled. But don’t give up. You may still be able to claim protection against counterfeiting.
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?
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.
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?
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. Was that damaging?