Can I trade mark the shape of my product?

It is possible to protect the shape of a product as a trade mark, however there are specific requirements and limitations to consider. The shape must be distinctive and not result from the nature of the goods, add substantial value to the goods, or be necessary to obtain a technical result. These limitations are in place to prevent the monopolisation of functional or essential product features through trade mark protection.

Additionally, it may be advisable to seek alternative or additional protection as a registered design, especially when it is uncertain whether the shape of your product will meet the stringent requirements for trade mark registration. Registered designs can protect the appearance of a product, including its shape, provided that the design is new and has individual character. This may be the more appropriate form of protection.

Importantly, there are also exclusions and limitations that could prevent design protection for a shape. For instance, if the shape’s features are dictated by technical function or the need to interconnect with another product, the design may be excluded from protection. Similarly, if the shape is contrary to public policy or accepted principles of morality, it cannot be protected as a registered design.

In conclusion, while it is possible to protect the shape of your product as a trade mark or through design registration, you must navigate significant hurdles and restrictions. A thorough evaluation of the specific shape and its intended use is necessary to determine the feasibility and appropriate strategy for seeking legal protection.