The First 3-Dimensional Trademark Was Born, 283 Applications Have Been Filed.

Intellectual Property Office of the Ministry of Economic Affairs indicated on the first of September, 283 applications for 3-dimensional, sound and color trademarks have been filed up to August 31. Bottles with special designs, the ulterior designs of premises and the shapes of candies and cookies are likely to obtain trademark rights.

 

In the past, trademarks were limited to plane images. After Intellectual Property Office of the Ministry of Economic Affairs announced the new Trademark Law on November 28, 2003, trademarks of 3-dimension, colors and sounds were included under the protection of the Trademark Law. Henceforth, trademarks were not merely plane images. An unforgettable melody, unique colors and 3-dimensional designs may all be registered as trademarks.

 

Intellectual Property Office expressed, the first 3-dimensional trademark they have approved was the auspicious sheep bottle applied by Taiwan Tobacco & Wine Board. In cases overseas, bottles are the most common applications in terms of 3-dimensional trademarks. If the design of the bottle is very special and may be regarded as a source of differentiation for the merchandise, trademark rights may be applied. However, if it is a functionally 3-dimensional design, e.g. caps, it is not allowed to apply for trademark rights. Others as convenient stores, mail-order signboards or even premises, so long as they have unique appearances and are distinguishable by sight, such as the classical design of The Grand Hotel, they may be applied as 3-dimensional trademarks.

CYJ/CHT