The Crocs Shoes Have Been Accepted for a Three Dimensional Trademark in Israel

The trademark application for the famous Crocs shoes was accepted by the Trademark Registrar. Crocs filed a great amount of evidence including surveys, advertisements and publications in order to base the claim that the shoes have acquired secondary meaning.

For a product to be registerable it is required to fulfill three basic conditions:
A. That as a result of an extensive use the product has acquired secondary meaning in the market.
B. That the image of the product itself is actually fulfills the role of a trademark
C. That the requested image does not possess an aesthetic or substantial functional role.

The trademark Registrar has ruled that the functional and aesthetic aspects of the Crocs shoes are minor and that the design of the shoes is not considered to be an aesthetic role given the fact that the shoes are actually quite ugly…