Unlocking Brand Potential: Registering Goods' Unique Shapes as

Trademarks
Building a brand is an ongoing process, not a final destination. It's all about
consistency, plan of action, and honesty. If you embrace these concepts, you'll be
on your path to realizing your brand's full potential. Take note that in the realm
of branding, the smallest things make the biggest effect. So, continue to refine,
iterate, and, most importantly, believe in your brand's mission.

1. How to Own the shape of your product: Trademark Protection for Shapes
of the Goods:
o Trademarks safeguard distinctive indicators that differentiate one entity's
products or services from others. While most trademarks are word marks
or logos, the shape of goods can also be registered as a trademark.
o To register the shape of goods as a trademark, it must meet certain criteria:
▪ Distinctiveness: The shape must be distinctive and capable of
distinguishing the goods or services of one business from those of
others. It should not be a common or functional shape that is
essential to the product's function.
▪ Non-functionality: The shape must not serve a purely functional
purpose. In other words, it should not be essential to the use or
purpose of the product.
▪ Capable of representation: The shape must be capable of being
represented graphically, usually through drawings or images, to
enable clear identification of the mark.
▪ Not generic: The shape must not be a generic or commonly used
shape for the type of product in question.
▪ Source Identifier: Consumers should associate the shape with a
specific brand or origin.

Examples of shape trademarks include:

Coca-Cola Bottle Shape: The unique contour shape of Coca-Cola's glass

bottle is a well-known shape mark. It's distinct and instantly recognizable,
helping consumers identify the product as originating from Coca-Cola.

Toblerone Chocolate Bar: The triangular shape of Toblerone's chocolate

bars, with its distinct peaks and valleys, serves as a shape mark for the
brand. This shape is associated with Toblerone's Swiss chocolate and
helps distinguish it from other chocolate bars.
 LEGO Brick: The shape of LEGO bricks, with their interlocking studs
and tubes, is a protected shape mark. This design is distinctive to LEGO
building blocks and helps consumers identify LEGO products.

iPhone Silhouette: The sleek and minimalist design of the iPhone,

characterized by its rounded edges, home button (in older models), and
distinctive camera placement, can be considered a shape mark for Apple.
The silhouette of an iPhone is instantly recognizable and associated with
Apple's smartphones.

Registering a shape mark offers several benefits for businesses:

• Exclusive Rights: Registration provides the owner with exclusive rights to use
the shape mark in connection with the specified goods or services. This prevents
competitors from using a similar shape that may confuse consumers or dilute the
brand's distinctiveness.

• Legal Protection: Registration strengthens the legal protection of the shape mark,
making it easier for the owner to enforce their rights against infringing parties
through legal actions such as infringement lawsuits or opposition proceedings.

• Brand Recognition: A registered shape mark enhances brand recognition and

consumer loyalty by associating a unique shape with the owner's products or
services. Over time, consumers come to recognize and trust the distinctive shape,
which can lead to increased sales and market share.
• Marketing Advantage: A registered shape mark can be a valuable marketing tool,
helping to differentiate the owner's products from competitors' offerings. It can
also serve as a visual symbol of quality and authenticity, attracting consumers
who seek out trusted brands.

• Asset Value: A registered shape mark can have significant value as an intangible
asset of the business. It can be licensed to third parties for use in exchange for
royalties or included as part of the company's intellectual property portfolio,
increasing its overall value.
• Global Protection: For businesses operating internationally, registering a shape
mark provides protection in multiple jurisdictions, helping to safeguard the
brand's identity and market position on a global scale.

• Deterrent Effect: The existence of a registered shape mark can deter potential
infringers from using similar shapes, as they are aware of the legal consequences
and risks associated with infringement.
Conclusion:
Shape marks can provide valuable protection for companies, as they help
consumers associate a specific shape with a particular brand or source of goods.
However, obtaining registration for shape marks can be more challenging than
for traditional word or logo marks, as they often face scrutiny regarding
distinctiveness and functionality. The registration of a shape mark provides
more comprehensive protection than a typical 2D trademark; yet, the
procedure is neither difficult nor impossible to complete in so far, the
formalities are complied with

How you can acquire a shape mark:

We at PLEADMASTERS offers end-to-end services for quickly registering a
shape mark for your business, leveraging our considerable experience serving
clients globally.