Registration of Tridmensional Trademarks

Article 1 of our Trademark Law states that “Trademarks may consist of ... containers and wrappings. Trademarks may also consist of the shape, presentation or conditioning of products or their containers or wrappings.” The Paraguayan Trademark Office interprets the abovementioned paragraph to be referring to tridimensional trademarks, and accordingly, registration of these types of marks is permitted in our country.
 
Additionally, 3D marks are also referenced in the Paris Convention, convention whose dispositions are applicable in Paraguay pursuant to Law N° 300/94.
 
Generally, the requirements for filing for a 3D mark do not differ from those required for regular trademarks (word/device/combined). However, at least three views of the mark must be submitted (top view, front view and side view).
 
Likewise, another important requirement is the distinctiveness of the mark, this means that a shape, container, or wrapping considered of common use, cannot be registered.

Most 3D marks filed in our country that receive office actions are objected because the examiners consider that they are not distinct or novel enough.
 
Currently, pursuant to the Trademarks Office criteria, the main difference between Industrial Designs and 3D marks lies in their functionality. 3D marks constitute a distinct way of presenting or representing a product or service, whereas an Industrial Designs adds an actual improvement or advantage to the presentation (something that makes the product easier to use).
 
Finally, current authorities of the Trademark Office find that the shape of the 3D trademarks also limits the range of articles/services that they must be registered for. For example, the shape of a bottle in class 3, clearly meant for perfume, cannot be registered for tooth paste even though it belongs to the same class.
 
The frequency of 3D trademark applications is increasing overtime, and due to this trend, the Trademark Office is establishing its criteria with the collaboration of each Trademark Agent, who reaches an important roll as collaborator in developing administrative case law.