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  • Writer's pictureTodd

Shape Trademarks

Shapes can also be a registered trademark.

The classic example, pun intended, is the Coca-Cola bottle. This registration has a first use in 1916. Small changes to the bottle would mean Coca Cola has to file a whole new application. For example, Coca-Cola has a separate registration for its 2 liter bottle.

Minute Maid has a registered trademark for the cardboard containers in which it serves juice.

Another example is the Heinz Ketchup bottle. Its label says Heinz TOMAO KETCHUP established 1869 and in 57 varieties.

The Jack Daniels bottle is also a registered trademark. This bottle is part of a Supreme Court case involving a dog toy parody. They heard oral arguments on March 22, 2023, so we should have a decision in that case in a few months.

The shape of the Hershey Kiss is also protected. Hershey has a registered trademark for its classic “configuration of a conically-shaped candy piece.”

Weber-Stephen Products LLC has a registered trademark in class 11 for the shape of its grill.

ZIPPO has a trademark registration for “a lighter having slightly rounded edges and corners, and a curvature in the shape of a slight arc in the top of the lighter.”

There is a piggy bank that is a registered trademark that “consists of a three-dimensional configuration of a translucent piggy bank where the exterior surface of the piggy bank bears the vertically oriented words "SAVE", "SPEND", "DONATE" and "INVEST", and where the left ear of the pig is bent.”

Here’s another fun example – “the cylindrical yellow toy figure head, on top of a yellow cylindrical neck” of a LEGO mini-fig is a protected trademark.

Please note that the information contained in this article is intended for general informational purposes only and not as specific legal advice. The facts of your situation may differ from this general information. It is not intended to and does not in any way establish an attorney-client relationship.

If you wish to schedule a consultation, let’s work together on your trademark needs


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