When a design turns into a trademark

No matter whether a Granini drinking bottle, a Porsche 911 or a Birkin Bag is concerned, more and more companies are protecting the shape of their products with a 3D trademark. This protection is possible not only for new products, but also for well-established products, explains Dr. Nicolas Schmitz in a long article in the FAZ. The trademark expert knows that it is difficult to furnish proof that consumers associate a product shape with the brand manufacturer. Lindt has recently failed in furnishing such proof. The European Court of Justice refused to register a 3D trademark for the Lindt & Sprüngli-Goldhasen [“gold bunny”].