Earlier this summer, the square – and successfully registered – shape of Ritter Sport chocolate bar was still in the news. The law contains a number of exceptions for cases in which trademark protection for a shape is not possible in any case. An example of this is when the design is solely technically determined: patent law already exists for technology, so a trademark right is excluded.
Color mark
All in all, a shape mark is very difficult to register, but it is expressly possible. Successful molding brands are the well-known bottle of Coca-Cola, the Finance And Banking Email List Toblerone chocolate bar and the black-gold block battery from Duracell. The shape of a Coca-Cola bottle. Coca-Cola shape brand The shape of a block battery from Duracell is a brand. Duracell vormmerk Position Marks.
You can also claim
Position brands have become increasingly popular in recent years, especially in the clothing industry. These are recurring and recognizable design elements. Like, very old school , the iconic red tab on the back pocket of Levi’s jeans or, a lot more hip, the black wrap around the sleeve of Daily Paper sweaters. Daily Paper position mark with a black band around the upper arm of the sweater.
