Can I register the shape of my product as a trade mark?
A three-dimensional shape is registrable as a trade mark if it meets the requirements of the Trade Marks Act. Shapes may be capable of distinguishing The test for whether a shape is a trade mark was set out by Kitto J in F.H. Faulding & Son Ltd v Imperial Chemical Industries of Australia and New Zealand Ltd, (the Barrier Cream case (1965) 112 CLR 537 at 555) and is paraphrased as follows: "The question to be asked in order to test whether a [shape] is adapted to distinguish o