3D-marks are not new. For years companies have registered and tried to register the shape of products of the shape of the packaging of product. The iconic Coca-Cola bottle is a classic example.
But many have failed: the shape of the Bounty-bar, the shape of the BIC lighter the Corona (and lemon) bottle. All were refused trademark protection.
Hershey is now to prove that the shape is not functional, but also that it has acquired distinctive character over the years. In other words, that the chocolate eating consumer recognizes the shape of the bar as the “Hershey bar”.
Because of the shape. And not because the bar says ‘Hershey”.
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