There are several legal options to consider when it comes to defending your product design. Trademark protection is one of the choices that is most frequently thought about. Not all product designs, meanwhile, are covered by trademark protection. So, is it possible to register a product shape? Yes, but it’s not always simple, is the answer.
A product shape must be distinctive and unusable in order to be trademarked. In other words, the shape cannot serve any functional purpose other than that required to carry out the product’s intended use, and it must be distinctive enough to identify the product’s source. For instance, a Coca-Cola bottle’s shape qualifies for trademark protection because it is distinctive and not utilitarian.
The United States Patent and Trademark Office (USPTO) often demands substantial proof to prove that a shape is distinctive and non-functional, therefore obtaining trademark protection for a product shape can be challenging. This could include customer surveys, market research, and expert comments. Additionally, as they are less likely to be seen as distinctive, product shapes that have become standard in a given industry may be harder to trademark.
There are additional legal options to consider for protection if you are unable to trademark your product shape. You might be able to obtain a design patent, for instance, which safeguards a functional object’s ornamental design. For a product shape, design patents are often simpler to obtain than trademark protection, although they provide less thorough protection.
A different choice is to use copyright law to protect your product design. Functional design features are not covered by copyright protection, but ornamental or artistic elements may be. Logos, images, and other distinctive design components that are not required for the product’s functionality may fall under this category.
Finally, even if it is conceivable, trademarking a product shape can be a challenging and complicated process. There are alternative legal options to consider for protecting your product design if you are unable to obtain trademark protection, such as design patents and copyright legislation. Whichever course of action you take, it’s critical to engage with a knowledgeable intellectual property lawyer to make sure your design is safeguarded to the utmost degree.