Abstract
The paper analyzes the question of three-dimensional trademark distinctiveness, as an absolute condition for protection, in one of the industries where product shapes play a major role. The distinctiveness of three-dimensional marks in the food industry is approached from the perspective of the very basic trademark functions, as well as from the perspective of current practices across the EU and Turkey. A review and comparison is made between the case-law of the EU Court of Justice and the case-law of Turkish courts concerning 3-D trademark protection for foodstuffs.
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