Granting of 3D trademarks for PlayStation controllers

by , | May 14, 2024 | Blog, Trademarks

In July 2021, several of our client’s three-dimensional trademark registration applications for the DualShock 3 and 4 controller models were rejected by the Brazilian PTO, as they were incorrectly considered “non-distinctive”, since their shape was considered normal and necessary for the type of product. In response, we presented an appeal that was judged in November 2023.

During the Appeal, we argued that despite the similarity between the controls, specific elements in the layout vary according to each company’s choice. We also presented a survey highlighting the popularity of SIE brands among Brazilian consumers. As a result, the court concluded that the controls have exclusive characteristics, such as the shape, design and colors of the buttons, number and position of cursors and their angles and curvatures.

The decision was considered final in March of this year. This decision is a step forward for three-dimensional trademarks in Brazil and could influence future SIE requests, as well as more effective protection of current registrations.”

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