Under this revamped definition from its predecessor Malaysian Trade Marks Act , companies and businesses acquired an increased opportunity to trademark shapes particular to their brand. The court ruled the mark as unregistrable for the following reasons:. The definition of a mark is constantly changing to reflect dynamics of the real world.
We observe this in the definitions of traditional trademarks and non-traditional trademarks, the latter which accommodates technological advances in the modern world affecting the representation of a company via its brand, name or logo.
As a result, plenty of 3D trademarks failed to be registered in the past decade or so. In , another chocolate connoisseur KitKat failed to trademark its distinctive four-fingered shape.
The previously protected shape mark of the Coca-Cola bottle was deemed invalid after 8 years of receiving official trademarked status. It goes without saying 3D trademarks are tricky to register. There are several factors worth considering prior to making an application to trademark a three-dimensional shape:.
Trademarks are crucial as an investment in both the short-and-long term goals for any business. The challenges in defeating the strict requirements applied to the registration of 3D trademarks speaks to the undeniable value of an original and unique asset to a company.
