USPTO rules confusing similarity on torso perfume bottles

A look at a recent case concerning 3D trade marks.

3D trade marks are being considered by the Offices and courts a lot more in recent times, many losing their protection.

In this case the US Patent and Trade Mark Office considered two perfume bottles, both in the same of a male torso.

The office had to consider if they were going to allow another torso bottle 3D mark to be registered, even though one already was registered.

The two torso bottles did have their differences, however, as they were both used for perfumes and there was some similarities in their appearance, the Office deemed them confusingly similar and refused the registration of the newly applied mark.

Unlike in the UK and EU, the USPTO will refuse applications on the basis of earlier registered marks, rather than leaving it for the applicants to oppose.

In this case, this worked in the favour of the earlier registered mark owner and turned the scent sour for the applicant.

If you would like to register a mark in the US, please get in touch with the team today.

By Ellis Sweetenham