Three-dimensional trademark or industrial design?
The theory and practice of patent law overlap with the view that the doctrinal and factual three-dimensional mark and design actually achieve the same legal result - the defense of the image of an object. However, the differences in the legal effects of the registration of the two objects of intellectual property are significant and should be explored in depth, with the idea to properly structure a strategic decision, on the most adequate means of defense for dealing with in a particular case. From this point of view, I find this topic particularly interesting because it is the basis for solving legal issues of a theoretical and practical nature that concern the correct registration of a product's vision, depending on several important criteria:
- how much it has been used and has become commercially recognizable prior to the date of its filing as an industrial property;
- how many images should the protection cover;
- target time as the speed of the registration;
- what is the duration of registration required by the applicant;
- should the pre-selected remedy be in line with any possible future legal disputes that would have been sorted out when there is an improperly chosen intellectual property subject to the application or registration.