Holographic trademark

The holographic trademark is a type of distinctive sign that, for a long time, was not subject to protection in our legislation, however, after the amendment to the Industrial Property Law, it has been recognized as a non-traditional kind of brand, whose main use has been the authentication and identification of some product or service of others that exist in the market, as an example we have the holographic trademarks in label form on bank cards, DVDs, movies, CDs and alcoholic beverages.

A holographic trademark is mainly a three-dimensional image recorded microscopically in a photosensitive film by a laser beam, in such a way that when viewed from different perspectives under the light, the image in three dimensions placed on the flat surface is reflected, but from different angles.

Since the holographic trademark is a picture obtained through a very advanced holographic technique, it is essential for its registration, that the image is filed in a single view, that captures the holographic effect in its totality or given the case, several views of said sign from different angles, that is, the illustration of a single object that does not change, in this understanding, holograms of superimposed images cannot be protected, that when being observed from an angle are a totally different figure to that presided from another angle; for example, the images that from a view make an animal and when changing the view you can see a landscape, it neither can be protected holographic trademarks that are public domain, much less those that lack distinctiveness.

Due to its growing market push, there are currently a large number of holographic trademarks that serve as “optical fingerprints” of the products or services that they protect, causing great confidence in consumers and enhancing the positioning of the companies to which they belong.