Differences between a 3D Community Trade Mark and a Design

Michael Coyle
February 12, 2010

It is possible to obtain both forms of protection. A Community design will be protected if it meets the legal requirements of novelty and individual character at the time of filing. The protection granted by a Community design extends to the shape, lines, and contours of a product to which it is incorporated or applied. A 3D CTM will be granted if the product can be considered as a sign which distinguishes the applicant’s goods from those of anyone in a similar business. The protection granted by a Community trade mark is related to the distinctiveness of the sign itself compared to identical reproductions and signs with visual, phonetic or conceptual similarities leading to a likelihood of confusion.

It is possible for example to protect packaging as both a CTM and RCD if they meet the corresponding legal requirements: a novel shape becomes synonymous with a company’s goods and may then be registered as a trade mark as well as being protected by a Community design on the grounds of its individual character and novelty.

For more information on protecting your design in the EU, please contact this office.

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Written By:

Michael Coyle

Michael is Lawdit’s Principal and heads our Commercial and Intellectual Property Department. As a Solicitor Advocate, he is one of a select group of legal experts qualified to represent clients as an advocate in the Higher Courts in England and Wales. He holds a Master of Laws degree (LL.M) from Nottingham Trent University and is a guest lecturer at Southampton Solent University. He has also completed a teaching stint at the Academy of Music in Guildford where Michael taught copyright law. Michael is highly regarded for his work in all areas of intellectual property law (which includes the eCommerce and IT fields), litigation and company/commercial matters. He regularly advises on non-contentious issues including regulatory and statutory obligations and has been involved in many successful disputes, with a strong reputation for finding common sense and practical solutions for clients. In 2017, Michael was awarded the honorary degree of Doctor of Law from Southampton Solent University for his contribution to the University and his continued support to its students.