Back to Trademark basics

Can you trademark a shape?

Founder & Trademark Attorney

Yes, in certain circumstances, a shape can be registered as a trademark if it is distinctive and does not merely describe the goods or serve a functional purpose.

Shapes that are dictated by the nature of the product itself or that are necessary to achieve a technical result cannot be registered as trademarks; those restrictions exist to prevent one company from monopolizing functional design elements. What can be registered is a shape that has acquired distinctiveness through use and that consumers recognize as identifying a specific commercial source. The Coca-Cola bottle and the Toblerone chocolate bar shape are well-known examples.

Shape marks are typically the hardest type of trademark to register, precisely because the bar for distinctiveness is high and functional shapes are excluded.

Related questions

Lindt secured another win for its chocolate bunny trademark in the EU

The Federal Supreme Court ruled that the gold-coloured foil-wrapped chocolate bunny from Lindt & Sprüngli can claim trademark protection against the competing product from Lidl. Lidl is no longer allowed to sell its rabbit because of the risk of confusion and must destroy existing copies of the product.

Can you change your trademark over time?

Brands tend to evolve and undergo numerous changes over time. Many companies have changed their names to cater to a larger audience, either by altering their original logos for a more modern look or abandoning controversial words in their slogans. As the company expands beyond its planned offerings of goods and services or decides to take a different direction altogether, usually what follows are certain changes or even complete rebranding. A common question is then: can trademarks change over time? Well, it depends.

Stories of our clients: Kickresume

Kickresume is an example of a successful startup business created by Tomáš Ondrejka and Peter Ďuriš. This online tool for the creation of CVs has already helped more than 1,000,000 users get their dream job. It is the easy-to-remember name of Kickresume that has fostered the growth of this project. At the same time, it was the fear of the possible need to rebrand a successful business name that highlights the importance of brand protection efforts in the early stages of startup companies.