Not all 3D marks (product package) can be protected, only the 3D trademarks that are different from their competitors.
Recently, the applicant DEJA-MU SUBACHOQUE S.A.S. wanted to protect the 3D trademark, that consist of a product package design, identifiable for yogurts and dairy products.
However, our client ALPINA PRODUCTOS ALIMENTICIOS S.A, BIC presented an opposition against the application, highlighting the following:
- The 3D mark has a usual shape and cannot be registered as trademark, since it lacks distinctiveness to be identified to a corporate origin.
- The applicant pretended to protect package, that consisted on a normal cup.
- El requested product package does not include an outstanding characteristic and does not portray the sufficient distinctiveness.
- There cannot be an exclusive appropriation of a product package that is commonly used by other competitors.
This was the Intellectual Property delegate´s determination for the matter, who affirmed that, the requested sign is commonly used by the competitors.
Additionally, a 3D mark comprehends the following aspects:
- A body that occupies a 3D space.
- It is noticeable not only at sight but also by touch.
- Fulfill the distinctiveness element in the market.
This is how our client ALPINA PRODUCTOS ALIMENTICIOS S.A, BIC succeeded in its opposition and manage to avoid the registration of a regular package product.
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