3D Shape Trademarks in India: Can You Register Your Product's Shape as a Trademark? (2026)

A three-dimensional (3D) or shape trademark protects the distinctive shape of a product or its packaging as a brand identifier. Famous global examples:

• Coca-Cola contour bottle — the distinctive curved bottle shape is trademarked globally
• Toblerone triangular prism — the packaging shape is trademarked
• Ferrero Rocher shape — the round chocolate with nut bump
• Christian Louboutin red sole — a feature trademark protecting the red sole of shoes

Three-dimensional shapes CANNOT be trademarked if:

• The shape results from the nature of the goods: A round ball for golf balls cannot be trademarked — the shape is dictated by the nature of the product
• The shape is necessary to achieve a technical result: A screw thread shape that makes screws work cannot be trademarked — it's functional
• The shape gives substantial value to the goods: A shape chosen purely for aesthetic appeal that constitutes the primary value of the product may be excluded

The shape must function as a brand identifier — consumers must recognise the shape as indicating the product's origin.

3D trademarks and design registrations both protect product shapes but differently:

	3D Trademark	Design Registration
Duration	10 years, renewable forever	10 years (+ 5 years once)
Purpose	Brand identity / source identifier	Aesthetic appearance
Requirement	Distinctiveness as brand	Novelty and originality
Office	IP India (TM wing)	IP India (Design wing)

Many companies file both a design registration (for initial protection) and later seek 3D trademark registration once the shape has acquired brand distinctiveness.