How to trademark a shape

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How to Trademark a Shape?
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Introduction to the process of Trademark a Shape
A shape trademark is a 3-D shape used to discern
the goods or services of one business from those
of other businesses. Shapemark registered should
have the capability of identifying goods to a
particular producer based on the shape of the
product alone. There was no statutory provision
before 1999, Trade Mark act which recognized
the shape of the product as its distinct
character and hence no protection was provided.
This practice has now evolved and includes
non-traditional trademark such as the shape of
the packaging and specific shapes as well.
Click for Process of Shape TM
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Requirements for Registration In Process

• The applicant is under an obligation to state
  that the application for trademark
  registration is for shape trademark
• A drawing to be submitted with the application
  which will show all the features of the trademark
• There shall be no discrepancy between the
  representation and description of the trademark.
  The illustration must be accompanied by a concise
  and accurate description of the shape mark.
• The image must contain more than one view of the
  trademark
• The application must be submitted in black and
  white or colour photographs as the representation
  of the mark. The photographs submitted must be
  original if filling application physically in
  case of online application the photographs must
  be scanned and filed.

See Also How to Trademark a Logo in India
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The Criterion that Shape TM Needs to Fulfill

•  The graphical representation of the trademark
• The shape has Acquired Distinct character
•  Evidence of Prior Use

More What is Shape Trademark
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CONTACT INFORMATION
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