11/09/2026
Can the shape of a product be protected as a Trademark in Argentina?
Yes — and this is a real case successfully registered by PROMARCA.
Trademark protection goes far beyond names and logos.
Under certain conditions, the distinctive three-dimensional shape of a product or its packaging can be registered as a 3D Trademark in Argentina, becoming a valuable intellectual property asset in its own right.
This is particularly relevant for companies operating in oil & gas, packaging, manufacturing, chemicals, construction, agribusiness and other industrial sectors, where the appearance of a product, container, component or packaging can become strongly associated with its commercial origin.
A distinctive pipe, container, bottle, package, component or industrial product may therefore deserve protection just as much as the brand name displayed on it.
The legal analysis is essential: functional or technically necessary features cannot simply be monopolized through trademark law. The relevant question is whether the overall three-dimensional configuration has sufficient distinctive character to identify and differentiate its commercial origin.
At PROMARCA, we assess these cases from an IP strategy perspective, determining whether protection should be pursued through a 3D trademark, industrial design, or a combination of industrial property rights.
For international companies seeking to protect a distinctive product or packaging design and secure a Trademark in Argentina, we provide local representation and handle the process before the Argentine Trademark Office (INPI).
Does your company have a product or packaging with a distinctive shape?
We can assess its potential for protection in Argentina.
📩 [email protected]
PROMARCA
Trademark & Industrial Property Attorneys in Argentina
Local representation before INPI Argentina