Shape Marks - Intellectual Property Office of Singapore
Shape Marks - Intellectual Property Office of Singapore Shape Marks - Intellectual Property Office of Singapore
Shape marksemphasized…that this must be because “the identification, by the relevantclass of persons, of the product as originating from a given undertaking isas a result of the use of the mark as a trade mark.” There is no evidence ofthat.”Conclusion: - whether there is a monopoly in place is irrelevant – as long as therequirements as to acquired distinctiveness has been proved, the mark can beregistered.Version 1 (13 January 2006) Page 19 Intellectual Property Office of Singapore
Shape marks9 INDISTINCTIVE SHAPE WITH DISTINCTIVE ELEMENTSA wholly indistinctive shape may be acceptable on the basis that other (non shape)distinctive elements are used in combination with the indistinctive shape. However, itmust be immediately apparent in the representation that the distinctive elements make upan essential or prominent part of the mark and not form a de minimis portion of theindistinctive shape. The description for the mark must also be tailored accordingly.Version 1 (13 January 2006) Page 20 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 and 12: Shape marksis used to recognising t
- Page 13: Shape marksClass 32 and Class 33: B
- Page 16 and 17: Shape marksClass 29: Ice cream prod
- Page 18 and 19: Shape marks8 ACQUIRED DISTINCTIVENE
- Page 22 and 23: Shape marks10 SHAPE OF PACKAGING OR
<strong>Shape</strong> marks9 INDISTINCTIVE SHAPE WITH DISTINCTIVE ELEMENTSA wholly indistinctive shape may be acceptable on the basis that other (non shape)distinctive elements are used in combination with the indistinctive shape. However, itmust be immediately apparent in the representation that the distinctive elements make upan essential or prominent part <strong>of</strong> the mark and not form a de minimis portion <strong>of</strong> theindistinctive shape. The description for the mark must also be tailored accordingly.Version 1 (13 January 2006) Page 20 <strong>Intellectual</strong> <strong>Property</strong> <strong>Office</strong> <strong>of</strong> <strong>Singapore</strong>
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