Things to keep in mind to protect a 3D trademark

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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:

  1. The 3D mark has a usual shape and cannot be registered as trademark, since it lacks distinctiveness to be identified to a corporate origin.
  2.  The applicant pretended to protect package, that consisted on a normal cup.
  3. El requested product package does not include an outstanding characteristic and does not portray the sufficient distinctiveness.
  4. 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:

  1. A body that occupies a 3D space.
  2. It is noticeable not only at sight but also by touch.
  3. 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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