What is the difference between an industrial design and a three-dimensional trade mark?


Certain products, for example figurines or packaging, can be registered as a three-dimensional trade mark or an industrial design. Registering a product as a three-dimensional trade mark may be more effective in terms of protection against infringements. The trade mark protection right can be extended indefinitely, provided that the fees are paid regularly (every 10 years), while an industrial design is protected for a maximum of 25 years. Please bear in mind that while it is possible to re-apply for a trade mark, it is not permissible to re-apply for an industrial design once it has been disclosed (due to the novelty requirement in particular).

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