One of the most common forms of trademark protection is the THREE-DIMENSIONAL mark, which refers to a form or the way the product is packaged.
Said brand, despite its own requirements and characteristics, must meet the requirement of continuing to be novel, distinctive and capable of being differentiated from others on the market.
In the present case, the composition of the trademark was characterized by the figure of a flame on the head of a lighter, which raised the basic question of whether said figure of the flame was sufficient to grant it distinctiveness.
Being a recurring figure for the type of product, it was clear that it did not have the ability to identify a business origin, so we filed an opposition in that sense.
The examiner was able to corroborate this standing, since when verifying similar products on the market, he determined that the requested trademark corresponded to a common and usual shape in the market.
The applicant company sought to obtain an unfair advantage over its competitors through this registration, so the success of the opposition and denial of the trademark was presented as a guarantee for a healthy competition.
Thus, by not recognizing the distinctiveness of the brand, the Trademark Office exercises its primary function of looking after consumers.
What is sought is not always the protection of a particular interest. Maintaining market order and ensuring the common interest is also part of the task involved in trademark law.