Should you register a design or a 3D trademark?

If you have a physical product, the way it looks—the shape, form, or even its packaging—can be protected under Philippine law through registered designs or three-dimensional (3D) trademarks. Both offer protection, but they work differently and have their own advantages and limitations. In some cases, copyright may also apply if the shape or artistic work reflects original creativity.

Registered Designs

A design protects the external appearance of a product, not its technical function. To qualify for registration with the IPOPHL, a design must be:

• Novel – It should not have been disclosed to the public anywhere in the world before the filing date.
• Original / Individual Character – It must give a different overall impression compared to existing designs to a knowledgeable observer.

💡 Tip: File for design protection before publicly disclosing your product. The Philippines, unlike some jurisdictions, does not provide a broad “grace period” once the design is made public.

Example in PH context: In Kolins Philippines International, Inc. vs. Millenium Candle Manufacturing Corp. (IPOPHL, BLA Case), the novelty of a candle design was questioned because a similar product was already on the market. This shows how prior disclosure can weaken your case.

A registered design in the Philippines lasts 5 years from the filing date and can be renewed in increments of 5 years, up to a maximum of 25 years.

Three-Dimensional (3D) Trademarks

A 3D trademark protects a product shape that consumers associate with a particular brand. To qualify, the shape must be:

• Distinctive – It should stand out significantly from common shapes or industry norms.
• Source-Identifying – Consumers should recognize the shape as linked to a specific brand, not just as functional packaging.

Simply being “new” is not enough. Slight modifications of standard shapes are unlikely to pass IPOPHL’s distinctiveness test.

Example: The Coca-Cola bottle shape (though registered abroad, it illustrates the principle) is iconic enough that consumers recognize it immediately. If a local company in the Philippines tried to register a similar wavy-bottle shape, IPOPHL would likely reject it unless it was sufficiently different and had acquired distinctiveness through long use.

Comparing Designs and Trademarks

1. Requirements for Protection
   • Designs: Easier to register; only need novelty and originality.
   • Trademarks: Much harder; shape must be distinctive and memorable.
2. Scope of Protection
   • Designs: Protects the product’s appearance itself, regardless of the goods it’s applied to.
   • Trademarks: Protects brand identity, but only in connection with the specific goods/services covered in the application.
   👉 Example: A registered shoe design could block others from copying the same shoe shape, even if used for a decorative item. But a 3D shoe trademark would only stop others from using that shape in the footwear business.
3. Duration of Rights
   • Designs: Up to 25 years maximum.
   • Trademarks: Renewable indefinitely every 10 years, as long as used and maintained.
   Philippine Example: The “Jollibee” mascot costume (3D trademark) has been maintained and protected for decades, showing how trademarks can endure indefinitely.

Copyright Protection (When Applicable)

If your product’s design has artistic or creative expression, copyright law may also apply. For instance, sculptural furniture, decorative packaging, or unique toy designs could qualify. Copyright in the Philippines lasts for the lifetime of the creator plus 50 years after death, offering much longer protection than design registration.

Strategy: Which Should You Choose?

• If your product’s shape is highly distinctive and strongly tied to your brand identity → Apply for a 3D trademark.
• If your product is new and original but not extremely striking → File a design registration.
• Best practice: Register both. This dual protection ensures you cover both short-term market entry (design) and long-term brand recognition (trademark).

✅ In the Philippines, businesses often combine design, trademark, and copyright protection to build a strong IP portfolio. For instance, toy manufacturers may register the toy’s design, trademark its packaging shape, and rely on copyright for the artistic elements.

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