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What is the lowest level of distinctiveness?

The SG trademark manual for 3D trademarks says the following:

"7.2 Uniqueness is not the same as distinctiveness

The test for distinctiveness of a mark is whether the average consumer will assume that all goods that come in that shape belong to the same undertaking, and not whether the shape is “unusual”, “memorable”, “recognisable on being seen a second time”, eye catching or highly decorative per se.

To illustrate, the shapes of decorative items such as ornaments or jewellery are unlikely to have inherent distinctive character and be acceptable prima facie because it is normal within these trades to provide unusual and imaginative creations for jewellery. Such creations may not automatically perform the function as an identifier of source."


I do not understand.

the lowest level of distinctiveness is defined in S7(1)(a) Trademarks Act: "7.—(1) The following shall not be registered: (a) signs which do not satisfy the definition of a trade mark in section 2(1); ... [read more]Uploaded files:
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it is like the NZ case Fredco Trading Limited v Miller (CA20/05), about the registration of the shape of a plastic vine tie used in kiwi fruit orchards, see here https://www.internationallawoffice.com ... [read more]