An application to register a shape as a trade mark, on the basis of the shape only and without association with any other indication, would fail unless some particular element of the shape was driven by more than the need to produce a technical effect. Where an association with a particular shape with the applicant arising from long use was to be used found the claim, full evidence would be required. When application was made to register the shape of an electric toaster as a trade mark, LLoyud J said that he should ask: "does [the mark] have a meaning denoting the origin of the goods?"

Statutes: | Trade Marks Act 1994