A three-dimensional mark that is composed in a form that consumers recognize as a shape that does not go beyond the scope of the shape of the designated products, etc., is considered to be devoid of distinctive character. In addition to the protection of word marks or figurative marks, the three-dimensional design or shape of a mark can also be protected: the 3D mark. A three-dimensional mark can be applied for when a product stands out in the reference product market due to its shape or packaging.2.A three-dimensional or 3D trademark registration that protects the three-dimensional shape or appearance of a mark. Three-dimensional (3D) brands are now also becoming popular in India and countries around the world, mainly to make products easily distinctive, more eye-catching and impressive, surpassing business competition, and meeting certain inevitable product requirements.
Three-dimensional trademarks, despite being an unconventional trademark, must meet the tests stipulated by the Trademark Act like any normal two-dimensional trademark. All signs, especially words, including personal names, designs, letters, numbers, sound marks, three-dimensional designs, the shape of products or their packaging, as well as other packaging, including colors and color combinations, may be protected as trademarks if they are able to distinguish the goods or services of one company from those of other companies. In addition to three-dimensional trademark registration services in India and abroad, our knowledgeable, veteran and innovative trademark lawyers also offer advice for creating a 3D brand to do business in the economic field concerned. Therefore, three-dimensional shapes can generally be protected as trademarks, but not if the shape is an “essential feature of product use”.
Images Presenting a representation of the 3D mark (using photos or other illustrations) is sufficient for the application; there is no need to file the three-dimensional mark itself. The procedure for the registration of three-dimensional (3D) marks in India is almost the same as for normal two-dimensional trademarks, with few additional requirements in the case of 3D marks.
