In short
A three-dimensional mark is the registration of the shape of a product, or of its packaging, as a distinctive sign. The question whether a three-dimensional mark is registered is answered by looking at whether the shape indicates source, and at technical necessity. Not every bottle, every box, and every package enters this door. A term of protection is not in this text, and it is not added. A result is not built without the images.
If the shape is a result required by the nature of the goods, if it is necessary to obtain a technical result, or if it gives the goods substantial value, the route of a sign narrows. That narrowing does not by itself close the design route. The two registers stay separate.
When it becomes harder
The risk of refusal rises when a form that competitors need for function is sought to be tied to a single person. A sentence that "our bottle is beautiful" is not a ground of distinctiveness. If the consumer sees the shape as the goods themselves, not as an ornament, the claim that it is a sign is weaker. A weak claim does not also mean that the application was refused by itself. The reasons are read from the office's letter.
If a word or a slogan is added beside the shape, a combined application can arise. A combined application does not prove that the shape is distinctive on its own. If the shape itself is ordinary and the word beside it is strong, protection can remain in the word. That distinction is not made before the images and the application text come side by side. An oral account does not take the place of the image on the register.
What the images should show
The application images should show the shape from the same viewpoints, and consistently. If the angles are missing, the office can go down the route of a deficiency or a refusal. A deficiency letter does not mean that the shape is distinctive. A completed image does not mean that it was registered either. The decision is built by reading the set of images and the list of goods together.
A drawing in a design file is not treated as a copy of the mark image. The same package can be put on both registers. Putting it there does not mean that the two rights are one right. The reasons for refusal are not carried onto the design file by themselves. The question of novelty in a design is not the question of distinctiveness of a sign. If the document writes which image stands on which register, that document speaks.
Neighbouring signs
Sound, motion, and a slogan are not put in place of the shape. The outer face of the packaging can also be weighed as a design. Which door fits the facts comes from the registry entry in hand. If there is no entry, the shape is not yet a sign.
The distinction stands in these records. The steps of registration are in trade mark registration, sound and motion in a sound mark, and a short sentence in a slogan. The route of the package's form is in packaging design, and the reasons for refusal are in refusal of an application. This text does not add a term of protection to those records.
Where the shape is read from
The images of the shape, the list of goods, and any reasons for refusal are placed side by side. A term of protection is not written. Technical necessity does not by itself close the design file. The address of the office in Çankaya does not change the authority of the trade mark register, or the competent court. A claim without images stays in a general word of similarity.
One does not say it is registered when there is no actual set of angles. If the petition only says the packaging was copied, it stays incomplete unless it writes which image overlaps with which number. A decision is not built without separating which of the two registers fits the facts. An invoice can show that the package was sold. An invoice does not establish that the shape was registered as a sign.
Separating shape from function
A part whose function is seen only in that form may not be fit to be the subject of a monopoly in a sign. Unfitness is not the same sentence for every industrial form. Which projection is technical, and which is a choice that indicates source, is read from the image. Neither refusal nor acceptance is built without that reading.
The contract should write who the mould will belong to. If it does not, ownership is not produced from the price on the invoice. If the minute places the product on the shelf and the application image from the same angle, that minute speaks. If it does not, the comparison stays half done. If service gives notice of the registry letter, the date of that letter is kept. Service does not carry a term of protection into this text. If the application is incomplete, a result is not stated before the deficiency is cured.
Conclusion
A three-dimensional mark is the question whether a distinctive shape was registered as a sign. Not every package enters this door. There is no term of protection in this text. Not every package is treated as a registered sign. The frame is on the intellectual property law page, and the basis is the Industrial Property Law No. 6769.