A Comparative Study On The Significance Of Three - Dimensional Trademark

In our modern social life, people are more and more inseparable from the market economy, andall kinds of life requirements must be satisfied through the market conductions. Therefore, the effect of the trademark becomes more important. Compared with theordinarytwo-dimensionaltrademark, three-dimensional trademark has more impact on the vision and is more likely to attract the attention of consumers, though it appeared a little late. So it ismore unique after having registered as a three-dimensional trademark, and gets the merchants favor much more easily.when a three-dimensional mark meets the absolute reasons and the relative reasons for trademark registration, and it must have the nature of obviousness as well, then it can make use of a registered trademark. Obviously, obviousness is a crucial precondition for trademark registration. With the number of three-dimensional trademark registration in China gradually increasing, the three-dimension trademark has been given more and more legal protection in China. But at present, our country’s trademark law in classifying standards of stereoscopic trademarks is not perfect enough. Administrative organs and judicial organs have different consequences in the three-dimensional trademark classification. To solve these problems, this article uses the literature research approach and comparative research approach to analysis and do research work on Chinese literature and foreign literature, compared with different periods of trademark law in our country, and compared with the provisions of the trademark law in the developed countries, such as Britain, the United States, Germany from the legislative, judicial and administrative aspects. On this basis, this article puts forward to some legal advices for classifying the three-dimensional trademark in China. In this article, beginning with the historical development in our current situation of the three-dimensional trademark, we draw lessons from the beneficial legal experience of the developed countries, so it has very big practical significance on making perfect classifying standards in China.