Is Shape of Bottle Protected by Trademark?

Is Shape of bottle protected by trademark?
India: Shape Of A Bottle Under Trademark Scanner. What’s in a shape of a bottle! Under the Trade Marks Act 1999, the shape of goods is now statutorily recognized as being a constituent element of a trademark.
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Businesses can protect their brand identities with the use of trademarks. A trademark is a design, word, or phrase that identifies and sets one company’s goods and services apart from another. Logos, taglines, and even a product’s shape can be trademarked.

One issue that frequently comes up is whether a trademark can cover a bottle’s form. Yes, it is the correct response. If a bottle’s shape is distinctive and unusable, it may be protected as a trademark. A well-known example of a bottle shape that is trademark protected is the Coca-Cola bottle.

In line with this, a trademark can also defend a logo. A logo is a graphic that represents a business or brand. A logo can be protected by a trademark if it is recognizable and non-functional, similar to the shape of a bottle.

The advantages of trademark registration are numerous. The exclusive right to use the trademark in connection with the products or services for which it is registered is one advantage that the owner receives. This may aid in preventing the use of a similar mark by third parties and customer misunderstanding. A registered trademark can also raise a company’s value and ease the sale of the company.

Therefore, it’s critical to comprehend the distinction between a trademark and a copyright. A copyright is used to protect original creative works like books, music, and artwork, whereas a trademark is intended to protect a brand identification. A copyright can protect a label’s design or the artwork on a bottle, whereas a trademark can only protect a logo or the shape of a bottle.

Understanding the registration process is crucial if you’re thinking about doing so. To be sure that your trademark is not currently being used by another party, you must first run a trademark search. If your mark is indeed available, you can submit a trademark application to the relevant government body. Your trademark will be registered after the application has been examined and approved by an examiner.

In conclusion, if a bottle’s shape is distinctive and not practical, it may be protected under trademark law. Additionally, trademarks can safeguard company logos and offer a variety of advantages to companies, such as the sole right to use the mark and raised brand value. Understanding the distinction between a trademark and a copyright is crucial, as is adhering to the correct procedures for trademark registration.