Monday August 3rd 2009, by Piers Strickland
According to the European Court of First Instance (CFI), you can’t.
The CFI held that the shape of the Mars was too common and non-distinctive to be registrable as a trade mark in the EU.
The CFI commented that the “rounded chevrons” on the top of the Mars bar would be seen to be decorative, rather than a “badge of trade origin” – which is a pre-requisite of being registrable as a trade mark in the UK / EU.
COMMENT: Shapes are potentially registrable as trade marks, but owners will often face a tough struggle proving that such shapes are distinctive enough to deserve being given protection as registered trade marks. The CFI, and other trade mark arbiters, are also keen to prevent any one trader from having exclusive trade mark rights over a shape which other traders will want / have to use as well. In other words, the authorities are always trying to prevent generic items being trademarked. However, that will not stop the likes of Mars continually try to chip away at the trade mark authorities, to further protect their brands.
This is because additional trade mark registrations normally equate to a stronger and more valuable brand for the owner.
