A special packaging is often enables a manufacturer to distinguish himself from the competition. Most of the times, however, a shape cannot be registered as a trademark. The authorities usually refuse to register a trademark because the consumer will not see it as a sign of origin. An exception is sometimes made if the shape of a product is distinctly different from what is customary.

Often the question is asked whether words or images with a great societal significance, religiously or otherwise, can be registered as trademarks. Since there are no specific provisions for these signs the authorities often refuse them on different grounds, not always rightfully so. The image below, in which the head of Michelangelo’s David appears to be looking at Botticelli’s Venus, had been applied for cosmetics and pharmaceutical products.

The law dictates that not any sign may be registered as a trademark. If a trademark purely describes the product it is applied for the authorities will refuse to register it. The word E-BIKE for electrical bicycles is refused for this reason. Often it is still possible to register the word when accompanied by a figurative element. Except not every logo is accepted. It used to be somewhat unclear what was and what was not acceptable. For this reason OHIM now has a new directive, which clearly illustrates that a stricter course will be followed than has been the case in the past.