3D Trademarks in Chile
Learn what 3D trademarks are, see real examples, and understand how to register a three-dimensional trademark in Chile before INAPI.
3D Trademarks: What They Are, Why They Matter, and How to Register Them in Chile
3D trademarks, also known as three-dimensional trademarks, are a special category of commercial trademarks that allow the protection of the three-dimensional shape of a product or its packaging, provided that such shape is capable of identifying its business origin to consumers.
Unlike traditional trademarks—such as names, logos, or slogans—3D trademarks protect the shape itself, turning it into a distinctive element that communicates relevant information about a product or service.
In this article, we explain what 3D trademarks are, their purpose, well-known examples, how they are regulated in Chile, and how they can be registered before INAPI.
What Are Three-Dimensional Trademarks?
Three-dimensional trademarks consist of shapes with volume, either of the product itself or of its packaging, which allow consumers to recognize the business origin of what they are purchasing.
These trademarks do not protect a technical function or a common shape, but rather a unique visual configuration that, through consistent use in the market, becomes directly associated with a specific company.
In other words, when a shape is so distinctive that consumers can identify who is behind the product just by looking at it, it may qualify as a 3D trademark.
What Are 3D Trademarks Used For?
Many legal systems around the world recognize three-dimensional trademarks and allow their registration as commercial trademarks, provided that they meet the requirements established by law.
Registering a 3D trademark grants its owner the exclusive right to use that specific shape to distinguish certain goods or services. This provides a significant competitive advantage and strong legal protection against imitation.
A clear example is the shape of the MERIDIAN® razor, used to distinguish shaving devices. This three-dimensional shape is registered and may only be used by Pangaea Holdings, Inc.
Thanks to this protection, consumers associate the product’s shape with a single business origin, conveying information about quality, flavor, price, prestige, or overall experience, among other factors.
Classic Examples of Three-Dimensional Trademarks
When thinking about 3D trademarks, one of the most common examples relates to product packaging or iconic product shapes.
Well-known examples include:
- The Rubik’s Cube, whose unique shape allows consumers to identify both the toy and its creator.
- The Coca-Cola bottle, which features a distinctive design used exclusively for this beverage.
In both cases, the shape serves a key function: enabling consumers to identify the product even from a distance or without visible labels.
Can 3D Trademarks Be Registered in Chile?
Yes. In Chile, it has been possible to register three-dimensional trademarks since May 2022, following the entry into force of the so-called INAPI Short Law, which amended Industrial Property Law No. 19,039.
This reform introduced new types of trademarks, expressly including three-dimensional trademarks, aligning Chilean legislation with international standards in intellectual property.
What Is Required for a Shape to Qualify as a 3D Trademark?
A three-dimensional trademark must meet the same general requirements as any other trademark in Chile, including:
- Distinctiveness
The shape must be unique and recognizable. Shapes that are merely functional, technical, or obvious are excluded.
For example, a standard rectangular chocolate bar shape would not be registrable.
- No Risk of Deception
The trademark must not mislead consumers regarding the business origin, characteristics, or qualities of the product.
For instance, registering a yellow triangular package for sweet products such as nougat could cause confusion with the “Toblerone” chocolate brand.
- Availability
The shape must be available for registration, meaning it must not already be registered or fall under any of the prohibitions set forth in Article 20 of Law No. 19,039.
How Is a Three-Dimensional Trademark Registered in Chile?
The procedure for registering a 3D trademark is similar to that of other commercial trademarks:
- Filing an application with INAPI, paying an initial fee of 1 UTM per Nice Class to be protected.
- The application then goes through the following stages:
- Formal examination
- Publication in the Official Gazette
- Third-party opposition period
- Substantive examination
- Once accepted for registration, final fees of 2 UTM per class must be paid.
How Does a 3D Trademark Application Differ from a Traditional One?
The main difference does not lie in the applicant’s details—since the owner may be an individual or a company—but in the representation of the trademark.
For three-dimensional trademarks, the application must include:
- A JPG image clearly representing the shape.
- A detailed written description of the three-dimensional trademark.
- An MP4 video file showing the shape from different angles.
These elements are essential for INAPI to properly assess the trademark’s distinctiveness.
Why Choose von Marttens® for 3D Trademark Registration?
While 3D trademarks are still underused in Chile, von Marttens® has been actively registering them since their legal introduction.
Led by Hans von Marttens, our firm has successfully secured exclusive 3D trademark rights for national and international clients across multiple industries.
If your product’s shape sets you apart, we help you protect it—before others copy it.
📩 Contact von Marttens® today and protect one of your most valuable brand assets in Chile.
AI usage information: This article was written by members of our team; however, AI tools were used to improve readability and structure the text for search engines.
