A three-dimensional trademark is a legally protected form. Directive 89/104/EEC of the Council of the European Union sets out the criteria for defining what constitutes a trademark. According to this directive, trademarks can take various visual forms such as words, designs, letters, numbers, or even the shape of a product or its packaging, provided that these elements are distinctive and allow the goods or services of one company to be differentiated from those of other companies.

In 2002, the Court of Justice of the European Union issued a ruling in the case of Remington v. Philips, clarifying that trademark registration cannot be used to circumvent patent procedures, thereby granting the trademark indefinite protection.