Laura Trapnell weighs up the elements contributing to the distinctive character of a three-dimensional trade mark
- Last October in the EU, the General Court considered whether the combination of a registered three-dimensional mark with other elements constituted genuine use of the original mark, and whether such combined use altered the distinctive character of that mark.
As trade mark practitioners, we advise our clients to ensure that the representation of any figurative trade mark application, whether national or international, accurately depicts the mark as used in the course of trade. We know that the reality of the commercial world means that brands morph over the years, and ensuring that living brands remain true to the registered figurative marks is crucial to ensuring the ongoing protection of the brand and that the registered marks remain valid.
This is equally pertinent when it comes to three-dimensional marks.
The power of three dimensions
Some of us may recall the flurry of applications for three-dimensional marks which heralded the arrival of the Trade Marks Act 1994, and all the subsequent caselaw that flowed down
