- L. Bently, L. BentlyHerchel Smith Professor of Intellectual Property, University of Cambridge
- B. Sherman, B. ShermanProfessor of Law, University of Queensland
- D. GangjeeD. GangjeeAssociate Professor of Intellectual Property Law, University of Oxford
- and P. JohnsonP. JohnsonProfessor of Commercial Law, Cardiff University
This chapter discusses three requirements that a sign must satisfy to be validly registered or, if it is already registered, to ensure that it is not subsequently declared invalid: there is a sign; the sign can be represented graphically, or otherwise represented adequately; and the sign must be capable of distinguishing the goods or services of one undertaking from those of other undertakings. The chapter also considers specific policy-based limits on the registration of shapes, in the form of three ‘functionality’ exclusions.