The three-dimensional shape of some products can be registered as a trademark. However, its boundaries are controversial.
3D Trademark Registration (SMK Art. 4)
- Shape of the product
- Packaging type
- Descriptive, distinctive feature
- Only technical function = cannot be registered
LEGO Example
- LEGO building block shape is registered as a trademark
- EU General Court has repeatedly canceled/approved gave
- "Technical function" debate
- "Descriptiveness" debate
Situations Limiting Registration
- Shape that only provides technical effect
- Shape that provides the economic value of the product
- Natural shape (not original)
- Situations where industrial property is mandatory
Typical Registered Shapes
- Coca-Cola bottle
- Toblerone triangular package
- Apple iPhone design (partially)
- Volkswagen Beetle bodywork
Situation in Türkiye
- 3D trademark registration is possible
- The Supreme Court evaluates registration with strict criteria
- Descriptiveness and technical function obstacles attention
Supreme Court 11. HD
11. HD adopts that "distinctiveness" must be clearly proven in three-dimensional trademark registration, and that mere shape will not be sufficient for registration.
Practical Recommendations
- Determine a strategy before registering a 3D trademark
- If registration is rejected, design registration is an alternative
- Brand + design combination is strong
- Annual dues and renewal follow-up
Trademark lawyer recommended.