October 25, 2024
The three-dimensional trademark is a concept that allows visual elements, such as the shape of a product, to become a distinctive symbol of a brand. This legal protection covers not only logos, but also packaging, shapes, or other three-dimensional elements that may be associated with a brand. In Portugal, the registration of a three-dimensional trademark is regulated by the INPI (National Institute of Industrial Property) and is essential for safeguarding a product’s identity in the market. In this article, we will explore what defines a three-dimensional trademark, the legal requirements, the registration process, and the advantages of this form of protection.
This concept is a form of legal protection granted to products whose physical characteristics become distinctive and exclusive to a brand. Thus, it may include the shape of packaging or the design of a product, for example. It can also encompass any other three-dimensional feature that can be identified by the consumer and associated with a specific brand.
This type of trademark is quite common in sectors such as consumer product design. In this sector, the physical appearance has a direct impact on the identification and differentiation of the product in the market. For registration, it is essential that the shape of the product is unique and not merely functional. In other words, protection is granted only if the shape has distinctive character and is not solely determined by its practical function.
The protection of a three-dimensional trademark requires the fulfillment of certain legal requirements, as established by the INPI (National Institute of Industrial Property). The trademark must be distinctive, in relation to other products on the market, and be represented clearly. Additionally, for acceptance, the shape or design presented must have distinctive character, not being purely functional or generic. In this regard, the three-dimensional trademark cannot consist solely of shapes that are necessary to achieve a technical result.
In the registration process, the trademark must be represented graphically, in a clear and precise manner. This means that the image must be detailed enough to be identified, whether through drawings, photographs, or even three-dimensional models.
It is important to understand the difference between the three-dimensional trademark and other types of trademarks, such as the word mark or the combined mark. Word marks are based on words or letters, while combined marks combine words with visual elements. On the other hand, the three-dimensional trademark focuses on purely visual and spatial elements. Therefore, the value of the trademark lies not in the combination of letters or words, but in the specific shape that makes it distinctive.
Three-dimensional trademarks have a more visual approach, making them a powerful tool for companies whose products have distinctive physical characteristics. In this regard, the shape of a bottle or the packaging of a product can be protected as a three-dimensional trademark, preventing competitors from using the same design for commercial purposes.
A famous example is the shape of the Coca-Cola bottle. Its unique design, recognized worldwide, was registered as a three-dimensional trademark, granting the company legal protection over this visual element. Similarly, some chocolate packaging or the designs of certain automobiles can also be registered as three-dimensional trademarks. This is because they are distinctive elements that are directly associated with the brand and the product.
Additionally, the shapes of certain consumer products, such as toys and household items, have unique and functional designs, becoming the visual identity associated with the brand. In this way, the consumer identifies the product by its appearance and, consequently, by its origin.
Registering a three-dimensional trademark offers several advantages, particularly when it comes to protecting the visual identity of a product. One of the main advantages is exclusivity. By registering a three-dimensional trademark, the company gains the exclusive right to use the registered shape or design on specific products, preventing other companies from copying or imitating that element.
Additionally, registering a three-dimensional trademark provides a competitive advantage in the market, allowing the company to stand out through its unique visual identity.
This fact is particularly relevant in highly competitive sectors, where the appearance of the product can be decisive in the consumer’s choice. Finally, the legal protection of the three-dimensional trademark contributes to strengthening the brand and fostering consumer loyalty.
The registration process for a three-dimensional trademark in Portugal is carried out through the INPI (National Institute of Industrial Property). The first step is to submit a registration application, which must include a description of the trademark, as well as the graphical representation of the product’s shape or design. This graphical representation can be made through drawings or photographs and must be clear and detailed.
If approved, the registration will be granted, ensuring the holder exclusive rights to use the three-dimensional trademark in the market. Additionally, the registration has an initial duration of 10 years, renewable indefinitely, as long as the trademark remains in use.
Although the registration of a three-dimensional trademark offers broad protection, there are some limitations. For example, as previously mentioned, the shape or design cannot be purely functional. This means that elements necessary for the functioning of the product or that are common in the industry cannot be registered.
In summary, the three-dimensional trademark is a powerful tool for companies looking to protect the visual identity of their products.
However, for the registration to be valid, it is essential that the trademark is distinctive, not merely functional, and properly represented.
By opting for the registration of a three-dimensional trademark, companies protect not only their products but also their identity and presence in the market.
