Companies with products that have unique shapes or product packaging should consider applying for three-dimensional (3D) trademark protection to complement their intellectual property portfolio and further extend trademark rights in Canada and other jurisdictions. Knowing when you should seek 3D trademark protection for your product design while preserving confidential trade information and understanding what other protections exist, can be valuable to your business.
A 3D trademark is registrable in Canada only if it is in use and has become distinctive as of the date of filing the trademark application. The Trademarks Office requires that the brand owner submit evidence that it has acquired distinctiveness in the mark. If the 3D trademark is not distinctive throughout Canada, the registration will be restricted to the defined territorial area in Canada in which it has demonstrated distinctiveness.