Can a shape be a trademark?

A distinctive shape of a product or it’s packaging can also serve as a trademark. First, the shape can’t be functional (if you want to protect something functional, you need a patent). If the shape is part of the function of the goods, then it’s not registrable as a trademark.

Is the Hershey Kiss shape trademarked?

What do Kisses have to do with Shape Trademarks? I want to talk to you today about one of my favorite sets of trademarks on shapes: on Hershey’s Kisses. Well, because Hershey’s – the company – has registered multiple marks for the shape of the candy and the shape of the wrapped chocolate.

What are some examples of trademarks?

Trademark examples

• Coca-Cola®
• Under Armour®
• Twitter®
• It’s finger lickin’ good! ®
• Just do it®
• America runs on Dunkin’®

What is a shape mark?

A shape mark is a trademark that safeguards the shape of the product. For instance, the Coca-Cola bottle acquired a trademark for its shape, to protect its distinctiveness and identity. A shape mark is also known as shape trademarks. Such a shape must have the capability to find goods sold under the trademark.

Is iPhone shape trademarked?

The awarded trademark itself is for the “design of a portable and handheld digital electronic media device comprised of a rectangular casing displaying circular and rectangular shapes therein arranged in an aesthetically pleasing manner.” However, Apple has also applied for a similar trademark for the iPhone.

What is a configuration trademark?

In contrast to conventional trademarks such as names, words and logos, which are typically used on the product, labels and packaging, product configuration trademarks provide rights in the appearance of the product itself. The PTO has taken an expansive view of what may constitute a trademark.

Is Candy copyrighted?

King.com, the company responsible for developing the closest thing to online crack, Candy Crush, has now trademarked the word “candy.” This means that no other mobile games are allowed to have the word “Candy” in their name, because the giant corporation fears their billion dollar industry will be devastated.

Is chocolate milk trademarked?

CHOCOLATE MILK Trademark – Serial Number 87482563 :: Justia Trademarks.

Is Coca-Cola a trademark?

The Coca-Cola Corp owns the trademark to the name Coca-Cola, as well as the trademark on the bottle shape, and the graphic representation of their name. Coca-Cola also owns the copyright on their ads and jingles, and the creative copy on their bottles.

Are bottle shapes trademarked?

Can you register your bottle shape as a trademark? The answer is yes, if the design is distinctive and not merely functional.

Are colors trademarked?

Since 1995 colors and color combinations can be trademarked as part of a product or service so long as they, like any other trademark: Serve a source identification function; and. Do not serve a purely decorative or utilitarian purpose.