Three-dimensional TrademarksMay 2019 |
Three-dimensional trademarks (3D Trademarks) or shapes which are capable of distinguishing the goods and services of one trader from others have been registrable as trade marks in Hong Kong since 1996. |
Benefits of Three-dimensional Trademarks |
While it is possible to register a three-dimensional shape as three-dimensional trademark and as an industrial model or design at the same time, so far as the requirements for each type of protection are complied with. |
One of the benefits of protecting 3D Trademarks is that the protection of the mark is perpetual because it can be renewed as many times as needed, while in most jurisdictions, the protection period offered to industrial design can only be up to 25 years. |
Besides, even if a product design is already on the market and is no longer eligible for industrial design registration, then it is still an attractive option to register it as a 3D Trademark. |
Grounds for Refusal of 3D Trademarks |
However, Three-dimensional shape shall not be registered as a trade mark in relation to goods if it consists exclusively of- |
(a) the shape that results from the nature of the goods themselves; |
(b) the shape of goods that is necessary to obtain a technical result; or |
(c) the shape that gives substantial value to the goods. |
Shape resulting from the nature of the goods themselves |
The resulting shape means that the nature of the goods determines the shape of the goods. For example, since the shape of the egg tray is determined by the shape of the egg that needs to be adapted, egg tray is not registrable as a 3D Trademark. |
Shape of goods that is necessary to obtain a technical result |
This objection excludes the registration of functional shapes. As long as the sign comprises nothing but that shape, it is not registrable even if it is not the only shape that may produce the same technical result. |
Shape which gives substantial value to the goods |
This section excludes the registration of “aesthetic shapes,” which are eye-catching shapes compared to the common shapes of products.
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COPYRIGHT BKIP 2019
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