Can a design be registered as a trademark? Three-dimensional markings.

Can a design be registered as a trademark? Three-dimensional markings.

In Mexico, thousands of companies are unaware that it is possible to register the design of a product as a trademark, wasting the possibility of acquiring exclusivity about that design and be the only company in Mexico that can market it.

We are not referring to patenting a product or a design, but, on the contrary, it is about registering a three-dimensional design as if it were a brand, just like any name or logo. This type of protection is known as THREE-DIMENSIONAL BRAND and serves to acquire exclusivity over the shape or shape of the product.

Benefits of Having a Registered Three-Dimensional Brand:

• You will be the single person or company who may use that design or a similar one to distinguish the products or services to which it applies.
• You will create added value to your business and you will differentiate yourself from your competition.
• You will avoid being copied the designs and use them without your consent.

For example, if you have a brand of tequila and you have a bottle in the shape of a hat, you have every right to register that container as a three-dimensional brand. This way, you'll be the only company in all of Mexico that can use and market it.

Another example could be the case of hearing aids, if the case or cover of these is sufficiently different from the others and is out of the ordinary, a three-dimensional trademark could be registered to be the only company in all of Mexico that can market hearing aids with that case.

In this way, it is possible to register three-dimensional designs or marks with the IMPI, allowing companies to enjoy a right of exclusivity and create value added that allows them to stand out from the market.

If you are thinking of registering a three-dimensional trademark, keep in mind that it is very important that the three-dimensional design or trademark be unique, peculiar and out of the ordinary. In general, it is more common to see these types of three-dimensional marks on products, however, there are also those for services. The limit is in your imagination.

If you are looking to register a three-dimensional trademark, RMG Lawyers can help you. Contact us!