Business

How may I obtain exclusive rights over the use of my packaging or label?

With the exception of a limited number of items, such as raw materials in bulk, automobiles and furniture items, most products are distributed in packages. Packaging refers to the appearance of labels, wrappers, and containers used in packaging the product. Packaging is important in order to:

• Facilitate storage and transport;
• Promote better utilization of transport equipment;
• Provide product protection;
• Promote the sale of the product;
• Facilitate the use of the product;
• Provide re-use value for the customer.

Labels

Labels are materials attached to a product to identify it or give instructions or details concerning its ownership, use, nature, destination, etc. Listed below are some of the most common requirements. and functions of, labelling:

Product labelling will usually describe raw material content, the provider of the product and the country of origin (in some markets, such descriptions are legally required). There may also be a product name and code number.

Care labels are increasingly important for many types of products. A brief description of the care and maintenance of the product by the consumer is common. In the case of textile products, instructions are detailed. They are carefully studied by consumers during purchase and in use washing

Shipping warning labels are used on consignment packs: "This way up', 'Fragile, 'Heavy', etc. These are set to international standards.

IP in labelling and packaging

Many elements of labelling and packaging are protected by IP rights. When making labelling or packaging decisions it is essential to consider the relevant IP rights and to decide when and how to protect them. Below is a summary of the key aspects that should be considered.

• Words, letters, names, slogans, drawings, designs, symbols, pictorial matters, or a combination of these, used in labelling or packaging, can be protected as trademarks if they are used to identify or distinguish the source of goods or services.
• Companies may also use collective marks on their labelling and packaging in order to jointly market the products of a group of companies and enhance product recognition, or use certification marks to certify that their products comply with a pre-established set of standards. Collective and certification marks may both be used together with the individual trademark of the company.
• Some products from distinct geographical origins may be labelled, packed and advertised under geographical indications, where the products in question have a given quality, reputation or other characteristics, which are attributable to their geographical origin and have been duly protected as a geographical indication. For certain products (such as wine and spirits) it is important that exporters: take great care not to include terms on their labels or packages that are protected as geographical indications (eg. Tequila', 'Champagne'. 'Chianti') unless their products have been certified by the relevant body as products entitled to use the geographical indication.
• On occasions, a label may include pictures, drawings or other works of art or applied art that may be protectable under copyright law.

The design of the packaging may be protected, in different countries, under one or more of the following IP rights:

• The shape and design of the product packaging (ie, the ornamental or aesthetic aspect of the product packaging) may be protected as an industrial design.
• The shape and packaging of products may also be considered distinctive (meaning that it distinguishes the product from those of competitors) and may therefore also operate and be registered as a three-dimensional trademark. A famous example is the shape of the Coca-Cola bottle or the Orangina bottle which are protected as three-dimensional trademarks.
• Finally, in a few countries (eg. the United States), a product's distinctive packaging may be protected as trade dress in order to prevent competitors from using confusingly similar features. Trade dress generally protects the total image of the product and can include colour schemes, textures, sizes, designs, shapes, and the placement of words, graphics, and decorations on a product or its packaging.
• If the packaging has innovative functional features it may be protected by patents or utility models.