ECTA: 3D printing and trademarks

With the rise of 3D printing, does the present scope of a trademark right protect a proprietor if and when it becomes more common among consumers to print various goods at home? Max Oker-Blom of ECTA reports.

It’s apparent that rapid technological development is putting legislation and the interpretation of law under pressure. This particularly concerns IP law, since the rights awarded by it lie at the very core of technological innovation, the perceived engine for advancement and efficiency gains in a modern society.

3D printing (3DP) is just one of many developments, such as internet of things, blockchain and artificial intelligence, but from a trademark point of view, 3DP is quite interesting.

The question is whether the present scope of a trademark right sufficiently protects a proprietor if and when it becomes more common among consumers to print various goods at home? The matter highlighted here is whether the American autonomous concept of post-sale confusion could be of some relevance in this respect in Europe.