Manufacturers hoping to trademark distinctive product shapes could find that a fresh interpretation of European Union law has restricted their right to do so.

The European Court of Justice said on Tuesday that product shapes which are essential to the way the product works may not be eligible for trademark protection in Europe.

The ECJ took the view that allowing manufacturers to register shapes which are an essential functional feature of the product could unfairly give them exclusive rights to the underlying technology.

This means that makers of a wide range of functional items may find that their trademark applications are subjected to greater scrutiny than before.

Consumer benefits

The court's new interpretation of Europe's trademark laws may also encourage some manufacturers to launch a wave of copycat products that they would not have dared bring to market until now.

This could result in wider choice and lower prices for consumers.

The principle of trademark protection for product shapes is well established.

Soft drinks giant Coca Cola has successfully sued confectionery firms for producing sweets shaped like the classic Coke bottle.

And Swiss chocolate maker Toblerone currently has the monopoly on triangular chocolate.

The highly distinctive shapes of both products are purely decorative, and are widely associated with their manufacturers.

Back to court

But the validity of trademarks on complex functional items has been something of a grey area until now.

The court's interpretation of the law came in response to a request for clarification from the UK court of appeal, which is weighing up a legal dispute between Dutch electronics giant Philips and US razor maker Remington.

The dispute traces its origin back to 1995, when Remington started selling a three-headed rotary electric shaver in the UK similar in shape to one already marketed by Philips.

Philips took legal action against Remington, accusing it of infringing its trademark.

The court case will now be referred back to the UK Court of Appeal for a final decision.

But the ECJ's new clarification of EU law is thought likely to count against Philips in the final analysis.