The Shape of Things to Come (Outsourcing & Technology)

Mondaq Business BriefingUnited Kingdom Law Articles in English (2005)

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The Shape of Things to Come (Outsourcing & Technology)

Originally published January 2005

The European Trade Marks Directive explicitly provides for the registration of the shape of products and their packaging as trade marks. However, case law over the years has shown that the registration of shapes as trade marks is not straightforward. With regards the shape of packaging the road to registration would appear difficult and in the case of the shape of products near impossible. So what guiding principles can be gleaned from the case law to date in this area of trade mark law?

The first law trade marks

The well known case of Procter & Gamble v OHIM (BABYDRY) established the important, but maybe obvious principle, that a trade...

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