Is a three-dimensional mark registrable?

A three-dimensional (3D) mark can be registered if it meets the necessary legal requirements. It refers to the shape or packaging of a product that is distinctive enough to identify the source of goods or services. For a 3D mark to be registrable, it must be non-functional, meaning its shape cannot be dictated by the product’s functional or utilitarian needs. Additionally, the mark must be distinctive, allowing consumers to associate the shape or design with a specific brand or company. If the 3D mark is not inherently distinctive, it can still be eligible for registration if it has acquired distinctiveness through consistent use in the market. However, 3D marks may face challenges such as proving consumer recognition and addressing potential conflicts with existing marks. Ultimately, while 3D marks can be registered, they must meet criteria of distinctiveness and non-functionality to qualify for trademark protection.