What is a Shape Mark? – A Complete Guide

A Shape Mark is a Trademark that protects the product shape. It may be the shape of a brand logo, product, tag good, label, etc., that are designed by an individual. Such marks have 3-dimensional shapes or marks which are capable of differentiating products and services of one trader from another, which has been incorporated as Trademark.

Shapes form part of the visual features that help to differentiate a product. For the product’s shape to be registered as a Trademark, the shape must be unique and should not perform as a functional aspect of the product. For example, the Coca-Cola bottle obtained a Trademark for its shape to safeguard its individuality and uniqueness.

A Shape Mark is also known as Shape Trademarks. Such a shape should have the ability to discover goods sold under the Trademark. This is a very useful process for blind people because some marks can be printed in Braille (A system of writing & reading for blind persons via touch). Such Trademarks are highly demanded.

Rules to be followed in a Shape Mark

As per the Rules of Trademark, 2002, a Shape Mark should have a 3-D mark; the mark should consist of a graphical representative or photographic imitation as follows:

• The provided product should comprise 3-D views of the Trademark;
• If the Trademark Registrar is not up to the pleasing level, the candidate will be asked to provide five different views of the mark and explain by words of the mark;
• Moreover, if the Trademark Registrar is not fulfilled, they may call the candidate to provide a variety of the Trademark.

What are the Advantages of a Shape Mark?

Once this mark has been registered, the following points are useful for the Trademark Registrar:

1. It allows the right to use the product shape to use the registered Trademark symbol;
2. It performs as a bar for an idea of a person for the shape mark so that others can bring out the similar shape for the Trademark Registration;
3. Further, shape marks serve as the basis for an application of International Trademark Registration;
4. Moreover, it permits the right to file a Trademark Infringement lawsuit in court and to protect financial damages;
5. The capability to have the clients services (importation of goods) bearing a violating mark.

Advantages of Shape Mark Registration in India

• It distinguishes products and goods;
• It creates an intangible asset;
• It has the protection of ten years at a low price;
• It creates goodwill and trust;
• It attracts human resources;
• The incorporated shape Trademark can use the symbol;
• The owner protects the exclusive rights over this mark;
• It illustrates the quality of the product;
• Likewise, it has an International Trademark Registration;
• They can have protection against violations.

Necessities for Shape Mark Registration in India

The necessities for filing such marks as Trademarks are defined in the Trademark Rules, 2002^[1]. The necessities are:

1. The candidate should report a written description of the shape which is to be used as a Trademark along with a 2-d graphic or photographic illustration of the mark presented in at least three different viewing angles;
2. If the Trademark Registrar is not fulfilled with the details of the application, the candidate may be asked to show the mark in  five extra viewing angles and furnish a further verbose explanation of the mark;
3. Moreover, if the Trademark Registrar is still not fulfilled with the application, the candidate may be asked to submit a variety of shapes along with the application.

Documents Required for Shape Mark Registration

1. When registering shape Trademarks, an essential thing to do is to furnish photographic images of products or goods, and also all the significant detailed drawings;
2. Despite drawings, there can be a standard video recording depicting a Trademark from different angles. For example, some mobile phones have numerous angle recording capacities, through which the phone may be used later to get a revolving view of the object and inspect it from all sides;
3. For shape Trademarks, the Trademark Register could also furnish an image file of the object, which can be revolved by a mouse and viewed from different angles.

Registration of Shape Mark in India

As per the Trademarks Act of India, a Trademark may involve the appearance of goods or their packaging or shape as long as it’s possible to graphically show the same. Such a shape differentiates the goods sold under such a Trademark from those of another manufacturer. Moreover, the Shape Mark has to satisfy certain criteria to be eligible to use as a Trademark. The following criteria are needed for the Shape Trademark Registration;

• Nature of Goods

The shape mark shouldn’t result from the goods’ nature themselves. This criterion expects that shapes being incorporated as Trademark should be distinguished from the products or services for which they can be practiced. The unique features of a shape are examined based on the presumed expectations of reasonably knowledgeable clients.

• Technical Outcome

The shape must be vital to obtain a technical result. This criterion has been put in place to find out whether the shape that has been registered is not an outcome of some technical process used in manufacturing the goods for which the shape has been incorporated. Permitting such a Trademark would efficiently mean denying other products manufacturers the right to produce goods of the same shape. Therefore, in such cases, where it’s made that the components of a specific good being produced depend upon functional considerations fundamental for arriving at a technical result. Therefore, protection under the Act cannot be given to such products or goods.

• Value of Goods

The shape shouldn’t be such that it gives sufficient value to the goods. This criterion has been put in place to protect other manufacturers of same goods, who may miss out on the value of their goods if the shape being registered is a vital part of the product completion method and adds an aspect of value to complete goods in terms of outward looks or design. This criterion is determined based on an examination of the shape being enrolled and the shape of other comparable goods.

Conclusion

A Shape Mark is also known as Shape Trademarks. Such a shape should have the ability to discover goods sold under the Trademark. This is a very useful process for blind people because some marks can be printed in Braille (A system of writing & reading for blind persons via touch). Such Trademarks are highly demanded.

Read our article:Everything You Should Know About Pattern Mark