The Philips v Remington case was concerned with the issue of
whether the shape of a product could function as a Trade Mark.
The ECJ ruled that a mark can validly be registered as long as the
shape is capable of distinguishing the product and therefore
functions as an indicator of origin.
A shape can be refused or declared invalid as a trade mark if the
essential character of the shape relates to the performance of a
technical function. It is irrelevant whether other shapes are
possible. The first user of the technical shape will have to seek
protection by means of patent registration or allow competitors to
use the shape.
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Always check with your IP consultant.
