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Differences between a 3D Community Trade Mark and a Design

Written by Waheedan Jariwalla on 12 February 2010

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It is possible to obtain both forms of protection. A Community design will be protected if it meets the legal requirements of novelty and individual character at the time of filing. The protection granted by a Community design extends to the shape, lines, and contours of a product to which it is incorporated or applied. A 3D CTM will be granted if the product can be considered as a sign which distinguishes the applicant's goods from those of anyone in a similar business. The protection granted by a Community trade mark is related to the distinctiveness of the sign itself compared to identical reproductions and signs with visual, phonetic or conceptual similarities leading to a likelihood of confusion.

It is possible for example to protect packaging as both a CTM and RCD if they meet the corresponding legal requirements: a novel shape becomes synonymous with a company's goods and may then be registered as a trade mark as well as being protected by a Community design on the grounds of its individual character and novelty.

For more information on protecting your design in the EU, please contact this office.

If you'd like to know more about this article please send an email to Unknown quoting the article title and any questions you might have, alternatively call the office number on 02380 235 979 or send an enquiry through our contact form.

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