Shape Marks - Intellectual Property Office of Singapore
Shape Marks - Intellectual Property Office of Singapore 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
Shape marks5 SPECIFICATIONWhere the shape is of the goods themselves, or a container for the goods, thespecification should be confined to the goods represented, or to the goods sold in thecontainer represented, otherwise there is the question of whether the applicant intends touse the mark for the specified goods.For example, where the mark concerned is the shape of a bottle, then a specificationunder class 3 for “perfumes” will be acceptable while “eyebrow pencils” will not beacceptable.Version 1 (13 January 2006) Page 6 Intellectual Property Office of Singapore
- Page 1 and 2: SHAPE MARKSCopyright © 2012 Intell
- Page 3 and 4: Shape marks1 INTRODUCTIONThe shape
- Page 5: Shape marks3 REPRESENTATION OF SHAP
- 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 20 and 21: Shape marksemphasized…that this m
- Page 22 and 23: Shape marks10 SHAPE OF PACKAGING OR
<strong>Shape</strong> marks5 SPECIFICATIONWhere the shape is <strong>of</strong> the goods themselves, or a container for the goods, thespecification should be confined to the goods represented, or to the goods sold in thecontainer represented, otherwise there is the question <strong>of</strong> whether the applicant intends touse the mark for the specified goods.For example, where the mark concerned is the shape <strong>of</strong> a bottle, then a specificationunder class 3 for “perfumes” will be acceptable while “eyebrow pencils” will not beacceptable.Version 1 (13 January 2006) Page 6 <strong>Intellectual</strong> <strong>Property</strong> <strong>Office</strong> <strong>of</strong> <strong>Singapore</strong>
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