Comments on: Vote For Your Favorite Shape Trademark

By: 2010 in review « Business Law in the Big Bend

2010 in review « Business Law in the Big Bend — Mon, 03 Jan 2011 02:48:21 +0000

[...] Vote For Your Favorite Shape Trademark September 2009 6 comments 5 [...]

By: proforozco

proforozco — Wed, 16 Sep 2009 00:28:03 +0000

Arturo, thanks for the insights. As far as I can tell, in the U.S. there is no barrier to getting a shape trademark and a design patent, so long as functionality is not a barrier. Apple received several design patents in addition to the shape trademark for the iPod.

By: Arturo D. Reyes

Arturo D. Reyes — Tue, 15 Sep 2009 22:42:57 +0000

This is an extremely interesting subject. On one hand, there is an increasing number of trademark registrations for the shapes of bottles and other packages, on the other hand, the European Trademarks and Designs Office and other Trademark Offices (such as in Mexico and Israel) have been rejecting trademark applications for the distinctive shape of objects, such as tools, machines and food.

On the other hand, there is the question to whether its is valid to register as a trademark the three dimensional shape of an object that is also protected by an industrial design patent or registration, valid or expired, given the conflict with public domain.

By: proforozco

proforozco — Fri, 11 Sep 2009 13:05:51 +0000

Gene,

That’s interesting. Can you tell me more about the nature of the impact the VW Beetle design had on you and your generation?

By: Gene Freyer

Gene Freyer — Fri, 11 Sep 2009 02:41:36 +0000

They’re all iconic, but my vote goes to the VW Bug for probably having the most impact on baby boomers like myself.

By: Tony Joyce

Tony Joyce — Thu, 10 Sep 2009 03:46:13 +0000

Has to be the “Coke” brand bottle.

By: Cheetara

Cheetara — Thu, 10 Sep 2009 02:51:08 +0000

I like the goldfish too, of course, but my favorite is the ever-groovy lava lamp!