Monica Wang Examiners at the Taiwan Intellectual Property Office (TIPO) usually issue notices of objection to applicants seeking to register 3D shapes and ask them to submit proof that these shapes have acquired secondary meaning through consistent and substantial use. However, two fresh cases suggest that this stance may be starting to soften. According to the Taiwan Trademark Act, a trademark is a distinctive sign that consists of words, devices, symbols, colours, 3D shapes, motions, holograms and sounds, or any combination thereof. In many cases, the 3D shape is actually the shape of the product or its packaging, but relevant consumers often do not recognise this as identifying the source of the product. They will more likely perceive the shape as the appearance or the decorative design of the product. However, without this recognition, examiners deem the shape to lack the required distinctiveness.