There are some elements that need to be analyzed before deciding to register a product as industrial design or 3D mark, i.e. novelty, distinctiveness, and period of protection.
Industrial design is given for design that is new, which means it is not the same as previous disclosure. If a design of a product does not meet the new requirement, it cannot be protected as an industrial design. However, it still can be registered as a 3D mark as long as it fulfills the distinctiveness requirement.
Considering the period of protection for the 3D mark is 10 years and can be renewed while the industrial design protection is only 10 years if the design is new and has never been published, the applicant may consider registering the industrial design first and after the 10 years protection of the said industrial design is expired, the applicant may consider to register it as a 3D mark.