The majority of trademarks filed are the traditional trademarks. But still, the registration of some position marks and 3D marks is requested.
Case law is quite set in the EU regarding the examination of 3D marks: a design must significantly differ from the products in the market. Otherwise, the 3D mark will be refused. This requires a kind of prior art search, which is sometimes a difficult thing to do. But with the use of search engines on internet and especially search engines for images, you can get a picture of what is common in the market. And whether or not, the 3D mark differs significantly.
Probably the Polish company who recently filed an application of the 3D shape of ghost chip (left) thought that their chips were unique. At least in the Netherlands, we are quite familiar with ghost chips. Maybe the Polish company was the godfather of the ghost chips (our knowledge of ghost chips is limited), otherwise, they probably will encounter some problems with the registration.
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