I. General aspects relating to 3D/shape marks
The 3D trademark is a figurative trademark in which the three-dimensional design or shape of a trademark is protected. This can be the packaging or shape of a product.
As with other forms of trademarks, it is particularly important that the mark must be distinctive. No prerequisite for 3D trademark protection is – contrary to design law – the novelty and uniqueness of the aesthetic design of a consumer product. If the respective requirements are met, a product design can be protected as a design and at the same time as a three-dimensional trademark, since the respective protection fulfils different functions.
EUTM No. 011711496 owned by Fenix Outdoor AB Weiterlesen über A backpack shape as a 3D trademark – a BoA decision of the EUIPO