Case Study

3 Unusual Things You Can Trade Mark

Posted by on Aug 12, 2015 in Case Study | 0 comments

Many things can be registered as trade marks. They include words, names, signatures, numerals, devices, brand headings, labels and tickets. Registering a trade mark will give you the exclusive right to use it for the relevant goods and/or services for which it is registered. Some of the more unusual things you can register as trade marks are shapes, colours and sounds. However, do remember that some conditions must be met before you can register them as trade marks. One of the most important conditions is that generally, the mark must be distinctive. Shapes Two- and three-dimensional shape marks can be registered under the Trade Marks Act. Examples of well-known two-dimensional shape marks that have been registered as trade marks are: 1) McDonald’s clown mascot (for restaurant services);     2) Apple’s apple logo (for retail services in the field of computers, computer software and computer peripherals); and     3) Penguin Book’s penguin logo (for a variety of goods such as books and printed matter).           Examples of well-known three-dimensional shape marks that have been registered as trade marks are: 1) McDonald’s cardboard packaging with the McDonald’s logo printed on it (for a variety of goods such as foods prepared from meat, pork and fish);           2) Box with the “FERRERO ROCHER” logo printed on top (for a variety of goods such as chocolate);   and         3) Chupa Chups’ wheel display with Chupa Chups lollipops and a flag with the “Chupa Chups” logo (for confectionary).   Do note that shapes that are commonly used in the relevant industry are indistinctive and thus cannot be registered as a trade marks. An example of such a shape is a three-dimensional square shaped tablet for washing machines. Also, where the shape mark is based on the shape of a certain good, registering it as a trade mark only protects the visual appearance of that good, but not its function. Do contact us for enquiry if you have any questions on trademark, and if this article helps you do share this on your website/blog/social...

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