The Substantive Examination Of Three-Dimension Trademark

Since 2001 the three-dimension trademark has been protected by Trademark law, the number of registered three-dimension trademark is just a few whether through administrative or judicial confirmation process in the practice. Which kind of three-dimension trademark is distinctive? Which kind of three-dimension trademark is functional? These questions must be answered in the process of registering the three-dimension trademark. In the typical cases of "Windsor Chocolate" registered by Ferrero Company and "Zippo cigarette lighter" registered by Treasures Inc., Chinese Trademark Office,Chinese Trademark Review and Adjudication Board and people's court use different criterion for examining distinctiveness and function of three-dimension trademark. Therefore, Precise understanding for these two words will help to make the substantive examination of three-dimension trademark unification and standardization. This paper try to resolve the two summary demands by referencing the judicial practice of Europe and America, and then making the contents of the abstract examination is more operational in practice. In addition, the concurrence between the three-dimension trademark right and other intellectual property rights and the approximately of trademarks are also questions which must be seriously considerated. This paper also try to give some of the own views forward these two aspects.