Challenges with 3D marks

By Anders Michael Poulsen

Registrations for 3D marks are extremely attractive to rights holders – so much so that the European Court of Justice is continually adopting a stricter interpretation of the absolute grounds for refusal.

Registering three-dimensional (3D) trademarks provides rights holders with the opportunity to gain a permanent monopoly for a specific product design. Obviously, most companies prefer to add this registration to their common design rights and often seek to obtain 3D trademark registrations for all sorts of shapes and designs – even some that hardly qualify as a trademark as such.

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