Product and process functionality in shapes necessary to obtain a technical result under EU Trademark Law

Abstract

Product and process functionality in shapes necessary to obtain a technical result under EU Trademark Law European Union law permits to register the shape of goods as a trademark, providing an ad hoc set of rules governing this particular category of signs . Both EU Trademark Directive and EU Trademark Regulation (with identical wording) codify three special absolute grounds for refusal or invalidity. These concern “signs which consist exclusively of: (i) the shape which result from the nature of the goods themselves; (ii) the shape of goods which is necessary to obtain a technical result; (iii) the shape which gives substantial value to the goods”