The different functions of packaging correspond to different modes of legal protection. If we consider it under its commercial function, it is to ensure protection by a distinctive sign. The file"What legal protection for cosmetic packaging" was prepared by Cyril Chauvin, Lawyer at the Court.
The protection of trademarks through intellectual property serves a different purpose because the function of trademarks differs from that of industrial designs. Distinctive signs are commercial designations that identify and distinguish businesses, activities, products and services from the commercial sector. Through advertising, distinctive signs provide information about the identity and quality of the establishments, products and services for which they are used. Distinctive signs are the means used by businesses to build consumer loyalty.
Moreover, once filed and registered, the trademark is protected for a period of 10 years, renewable indefinitely, provided that it is actually commercially exploited and defended.
Over time, the notion of"trademark" as an object of intellectual property and the types of signs that can be used and recognized as trademarks have expanded considerably. It is now generally accepted that any sign distinguishing goods or services on the market can, in principle, constitute a valid trademark.
Primary and secondary packaging may be registered as three-dimensional trademarks. French and Community legislation recognises them among the figurative signs which may be protected as such. However, three-dimensional marks must not only fulfil the same conditions of validity as traditional marks, but also meet additional requirements, in particular at Community level …
