Registered trademarks are used to convey information about the quality of a product in an accessible form, allowing the copyright holder to provide conditions for fair competition, gaining an advantage in the market, increasing sales volume and profit from sales
A three-dimensional trademark, unlike verbal and figurative marks, is one of the most rarely used and can represent the appearance of a product. It must also be unusual and memorable in order to remain in the minds of the consumer and evoke associations with a specific manufacturer. For example, three-dimensional trademarks include a three-dimensional image of a cup of coffee or perfume, when the visual design can enhance its attractiveness to the consumer and arouse interest in this product.
That is, three-dimensional trademarks are three-dimensional objects, combinations of lines, various figures in a spatial arrangement, representing the shape of a product or its parts, the shape of a package or container of a product, or any other shape.
However, when examining a three-dimensional trademark that represents the shape of a product or its part, it is necessary to check the possibility of its registration before filing an application, since state registration is not allowed for designations consisting only of elements representing the shape of a product, which is determined mainly by the property or its purpose. Therefore, when assessing the distinctiveness of the shape of a product or its part, it is important to check their difference from the generally accepted forms of this product or from the forms expected by the consumer, which can be useful when making a purchase.
As an example of a registered three-dimensional trademark, which is the shape of a product or its packaging (container), one can cite a designation that has a standard shape of a product or its packaging, registered as a three-dimensional trademark. However, in this case, the image of the shape of the packaging is excluded from legal protection. Since the designation had protectable verbal, figurative elements and their composition, dominating the shape of the product due to its spatial location (for example, a three-dimensional trademark, which is a traditional form of packaging with figurative elements and the inscription “TODAY”), this three-dimensional trademark was registered.
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