Shape Marks - Intellectual Property Office of Singapore

Shape marks4 SECTION 7(3) OBJECTIONS APPLICABLE TO 2-DIMENSIONAL AND 3-DIMENSIONAL SHAPE MARKSShape suggests three-dimensional form. Confusion however arises where, although thesign sought to be registered appears to be a 3D shape mark, the graphic representation isin two-dimensions. The Registrar will ask the question, “Is such a sign a threedimensionalshape or a two-dimensional drawing or picture of a figurative mark?”Usually the answer to this question should be clear from the indication/description ofthe mark on the application form. But even if it is not, it should make no difference to theapplicability of Section 7(3). This was the approach taken in Philips v Remington [1998]R.P.C. 283. The sign there was a picture of the head of a three-headed shaver.Thus, Section 7(3) objections can be raised for 2-D graphical representation of a 3-Dshape mark. In the Philips case, it was found that the mark was objectionable under anequivalent of our Section 7(3)(b) – that the sign was of a shape which was necessary toobtain a technical result, thus, it shall be refused registration.Version 1 (13 January 2006) Page 5 Intellectual Property Office of Singapore