Registering 3D, Shape & Pattern Trade Marks - Challenges & Case Law Explored

Introduction

It has always been difficult to secure trade mark protection for pattern marks given the additional limitations on shape trade marks.

Whilst 3D marks are not subject to stricter registration criteria, the average consumer's perception is different and protection remains complicated.

This new virtual classroom seminar will look at several recent UK and EU cases and raise a number of important points for brand owners, particularly those operating in the luxury and fashion sectors, and attorneys to be aware of.

The fact that certain shapes and patterns may be iconic does not necessarily mean that they can function as a trade mark.

The courts continue to consider that the average consumer does not usually recognise the trade origin of products based on their shape alone.

The session will provide practical hints and tips to understand how such marks can be protected and how to maintain such protection.

What You Will Learn

This live and interactive session will cover the following:

• A review of recent case law for 3D, shape and pattern trade marks in the UK and EU
• Consideration of inherent distinctiveness in such marks
• Does acquired distinctiveness fare any better?
• Does a successful registration mean continued protection? Consideration of the risks of future cancellation

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.