Registration is open only to shapes which significantly differ from norms and uses and do not meet any technical function or value.

These aspects serve as the basis of most of the OHIM rejection decisions.

However, acquired distinctiveness through use is a first solution for the registration to be granted as long as evidence of use for the exact shape filed is shown in all EU countries. Alternatively, very unusual shapes have shown their own merit to reach distinctiveness especially for bottle shapes.

Lastly, applicants should not forget Community designs as a first possible protection process so as to preserve novelty.

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