3.4.2 Shape

Where an applicant seeks to register a mark that is a three-dimensional shape and has only filed a representation of the shape of the mark, the applicant will be required to file a written description that distinguishes the mark from a two-dimensional trade mark before the mark can be accepted.

Where the applicant is claiming other features appearing on the shape mark such as words or devices, the written description should include a claim on any such words or devices appearing on the mark. For example, the following descriptions would be acceptable:

1. Where only the shape is being claimed:

2. Where the shape and a device appearing on the shape, are being claimed:

3. Where the shape and words appearing on the shape, are being claimed:

4. Where the shape, a device and words appearing on the shape, are being claimed: