Shape Marks - Intellectual Property Office of Singapore

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Shape marksthe packaging of the goods in question, to distinguish the goods covered by theregistration application from those with a different commercial origin).Example 1Singapore Application No. : T01/14770JApplicant: Société Des Produits Nestlé S.A.Date of application : 15 July 2001Mark: 3D shape of packaging of the goods.Class 30: Coffee and coffee mixtures.Objection: Devoid of distinctive character.Decision: The mark is not acceptable as it is quite unlikely that the mark will berecognised as a trade source. The packaging is one that the target sector of the publicwill see as signifying certain functionalities, for example, as a container for holdingthe coffee mixture, and not as an indication of its origin. There is no distinctivecharacter in the packaging. The public is likely to recognise the applicant’s housemark, rather than the container as the trade mark. The Registrar took intoconsideration the fact that similar containers with a peel-off cover have been in use inthe market for other products such as dairy creams, fruit jellies, instant noodles andice-creams.Example 2Singapore Application No. : T0412651HApplicant: Bismarck Premium Brands GMBHDate of application : 21 April 2004Mark: 3-D “lady-shaped” bottle.Version 1 (13 January 2006) Page 11 Intellectual Property Office of Singapore
Shape marksClass 32 and Class 33: Beverages and alcoholic beverages.Decision: The mark is acceptable as it consists of an unusual 3-D shape of a bottlewhich gives the bottle a particular appearance which, taking account also of theoverall aesthetic result, is capable of holding the attention of the public concerned andenabling the public, made aware of the shape of the packaging of the goods inquestion, to distinguish the goods covered by the registration application from thosewith a different commercial origin. From the perspective of the average consumer,the distinctive shape functions as the indicator of the source or origin of the productsand is therefore, capable of distinguishing the applicant.Example 3Singapore Application No.ApplicantDate of applicationMark: T99/12636G: Unilever PLC: 4 November1999: The mark consists of a three-dimensional shape ofa speckled capsule.Version 1 (13 January 2006) Page 12 Intellectual Property Office of Singapore
Page 1 and 2: SHAPE MARKSCopyright © 2012 Intell
Page 3 and 4: Shape marks1 INTRODUCTIONThe shape
Page 5 and 6: Shape marks3 REPRESENTATION OF SHAP
Page 7 and 8: Shape marks5 SPECIFICATIONWhere the
Page 9 and 10: Shape marksAlthough the natural sha
Page 11: Shape marksis used to recognising t
Page 16 and 17: Shape marksClass 29: Ice cream prod
Page 18 and 19: Shape marks8 ACQUIRED DISTINCTIVENE
Page 20 and 21: Shape marksemphasized…that this m
Page 22 and 23: Shape marks10 SHAPE OF PACKAGING OR

Shape Marks - Intellectual Property Office of Singapore

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