How to Register Trademarks and Industrial Designs to Prevent Bottled Water Businesses from Being Copied

Entering the beverage market, where competition is fierce from packaging design to brand name, registering intellectual property rights is indispensable. However, for a common product like bottled or canned water, the question arises: should you register a trademark or an industrial design? This is not only a legal matter but also a crucial business strategy to protect brand positioning and avoid dispute risks. Let DEDICA explain the differences between these two forms of protection, so your business can make the right and optimal choice.
Understanding Trademarks and Industrial Designs
In intellectual property, trademarks and industrial designs are two independent forms of protection, each with different subjects, conditions, and values. Without the right understanding, a business may think it is protected, but lack sufficient legal strength when disputes occur.
Trademarks: Protecting product names, logos, and identities
A trademark is a sign used to distinguish goods or services of different organizations or individuals. In fast-moving consumer goods, especially bottled water, trademarks often appear as trade names (e.g., Aquafina, LaVie), logos, slogans, or images printed on product packaging.
Registering a trademark helps businesses:

• Exclusively use the product’s name and symbol.

• Prevent competitors from imitating names, causing market confusion.

• Increase brand recognition and value.
  However, trademarks do not protect product shapes—meaning if a competitor makes a bottle/can with a similar shape but a different name, it does not violate trademark rights.
  Industrial Designs: Protecting the external design of products
  An industrial design is the external appearance of a product expressed through shape, lines, colors, or a combination thereof. In beverages, this refers to the design of bottles or cans—elements that help create a premium, convenient, or eco-friendly feel for consumers.
  Registering an industrial design provides benefits:

• Exclusive protection for creative packaging, bottles, cans.

• Prevent competitors from copying or making similar designs.

• Increase the investment value of product design.
  However, industrial designs do not protect names or logos—if a competitor uses the same design but a different trademark, it is hard to take action without also registering the trademark.
  Which protection should beverage businesses choose?
  There is no “only register a trademark” or “only register an industrial design”—the choice depends on business goals and brand strategy.
  When to prioritize trademark registration:

• When building a long-term brand, focusing on name, slogan, and logo recognition.

• When using common packaging designs without significant shape differences from the market.

• When planning to expand product lines under the same brand.
  When to prioritize industrial design registration:

• When packaging design is the key differentiator or consumer attraction.

• When investing heavily in R&D or design, seeking exclusive creative protection.

• When launching a completely new, unique design not seen in the market.
  Optimal solution: Combine trademark and industrial design registration
  For products like bottles and cans where both external design and name contribute to branding, the optimal approach is to register both. This is what major beverage brands like Coca-Cola, Pepsi, and LaVie do.
  By registering both, businesses can:

• Protect the brand name and trademark use.

• Prevent design copying, creating distinctive market recognition.

• Enhance brand position and increase M&A value.
  Some tips for registering bottled/canned products:

• Timing is crucial: For industrial designs, public disclosure before registration can destroy “novelty” and cause rejection.

• Search trademarks before registration: Avoid duplication or confusion with earlier marks.

• Correct classification: Both trademark and design registrations require correct grouping under Nice and Locarno classifications.

• Post-registration monitoring: Watch the market for infringement and act promptly.
  Choosing the right protection and following proper legal procedures from the start will save costs and risks later. With years of experience in trademark, industrial design registration, and IP rights enforcement, DEDICA Law can help you:

• Assess registrability of trademarks and industrial designs.

• Build a comprehensive protection strategy aligned with business goals.

• Represent you in registration, opposition, or appeals before the IP Office.

• Handle disputes and infringements before courts and arbitration.
  Contact DEDICA Law Firm for expert legal advice!
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