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The trademark shape of a product

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Ufficio Brevetti Marchi
The trademark shape of a product

One of the issues that arouses curiosityà but, at the same time, also perplessità between users is that of the registered trademark characterized by a peculiar form, and custom. Quest’s adoption of the tool mark is clearly a variation on the main theme, i.e. the distinguishing feature, then, it willà to apply in particular cases and well-defined.

here are some concrete examples:

One of the practical examples which usually refers in order to make clear the concept, is the famous chocolate nougat in the Toblerone, or the brick of lego, or the bottle of Coca-Cola. The case of the forms consist of ad hoc, to communicate the peculiarityà and the peculiaritiesà brands, the series are not of the functional forms and designed to’use concrete and standard of the product in question, but take on a value to the “capricious”, is not obvious, specially designed and created before the registering a trademark.

Let's make a concrete example of a mark shape is not recognised:

At this point, for the sake of completeness, it is fair to indicate a “classic example” of the mark shape is not recognized, that is, refer the matter to the famous “Rubik's Cube”. After having tried the registration mark the applicant if it is seen clear from the EU court, in the case of Rubik’s Brand/Euipo – Simba Toys), and considered that the peculiaritiesà of the form, i.e. the cube, were, necessarily, to turn and reach così l’the goal of the composition of the different faces characterized by the presence of the same chromatic color. In essence, there was nothing non-obvious and non-obvious in the above-mentioned three-dimensional mark.

What changes in the terms d’investment?

there is No difference in terms of cost of procedure and/or fees to be paid, then, the what is the cost of registering a trademark is exactly the same. Speech is very different è understand when you might really adopt this specific legal instrument that is envisaged by the law. Sgombriamo now from the uncertainties by saying that l’application of this instrument is the residual of the series there are few situations in which we should really rely on this solution of technical-legal, so we recommend the utmost caution in the’approach to the instrument and the comparison with a specialized professional of the matter.

who is commissioning this activity; creative?

Without any shadow of a doubt, is necessary the presence of a graphic designer specializes in “work hand in hand” with the technical department of a’s company, and the companyà, this is becauseé the functionalityà concrete product not will haveà be affected, from’concept of the capricious form that the creative graph andrà to develop. Therefore, before we come to the trademark registration, you will haveà search for the graphic designer that face on her own, able fi fuse l’application of the’use of the product, with a connotation that unusual and, possibly, unique and innovative.

Conclusions

ultimately, record mark of the form always passes, and through a series of step procedural, which is absolutely not discounted, and requiring that caution and extreme care. The form will haveà to reach the product added value, to communicate, then in the segment of the market, hoping that the consumer will then give it the right attention preference as compared to those of the competitors. If you are unable to obtain a similar result, you willà then consider l’adoption of the various forms of protection, i.e. from design to the patent for an industrial invention, namely complete and lock up the aforementioned legal protection exclusive.

The original content is posted on ... < / a href="https://www.ufficiobrevettimarchi.it/blog-post/il-marchio-di-forma-di-un-prodotto/">https://www.ufficiobrevettimarchi.it/blog-post/il-marchio-di-forma-di-un-prodotto/

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