Designs protect the novelty and the singular character of products, while the registration of a three-dimensional trademark protects the distinctive character of the sign against other existing signs are used for the same goods or services.
An original form may not register as a trademark if it does not meet the condition to be distinctive in relation to the goods or services for which application has been made.
A product where drawing is applied or a model is incorporated and has begun to be commercialized years before submitting the application for registration shall be registered, but any third party interested could do that the application is declared null due to lack of novelty.
Trademarks can be renewed indefinitely for periods of ten years, while a registered drawing, community designs and models have a maximum duration of 25 years from the date of application for registration.
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