Three - Dimensional Trademark Is A Reasonable Use Of The Border

Before 2001 revised trademark law, trademark law in our country is not the protection of stereoscopic trademarks, to protect themselves before the operator specific unique personality appearance or packaging goods, often through application design approach. However as a patent of appearance design of a kind of its protection period is limited, so don’t like a trademark can obtain relatively permanent protection. So in order to expand the scope of the protection of trademark rights people, our country of trademark law modified in 2001, the stereoscopic trademarks(3 d) included in the scope of the protection of the trademark law. But at the same time there is a problem, because our country there are no rules and a registered trademark in the trademark law, the reasonable use system, three-dimensional trademark holder may appear abused its trademark rights, in the rational use of the three-dimensional trademark others. But a kind of stereoscopic trademark as registered trademark, it will inevitably involve the use of the boundary question, when using the stereoscopic trademarks trademark holder can’t harm others prior right, cannot limit non-commercial use, others more can’t prevent others in a confused way using the stereoscopic trademarks. Our country in 2013 the newly revised "trademark law" provisions of the first rules of unavailability, but not discussed with the establishment of reasonable use system, which makes the author felt very sorry. The author thinks that, according to the present of our country economy development degree and in the judicial practice of a large number of cases of infringement of trademark, registered trademark fair use system in our country the trademark law, the time is ripe. That the author thinks that the law on the protection of stereoscopic trademarks is not without limits, stereoscopic trademarks in use must have boundary, not damage other exercise of legal rightsand the limits of conflict and the edge boundaries to find solid general standard and special standard of trademark fair use, in order to determine the boundaries of stereoscopic trademark fair use.