Comparison Study On The Three-dimension Trademark Between The United States And China

In 2001,China's new Trademark Law have been take the"three-dimension trademark"to the object range of the trademark protection officially. Since then, in the trade mark law, the"three-dimension trademark"will have be protected by the trade -mark law, but because of this, there're a lot of problem to we have to face, such as the meaning define of the three-dimensional trademark, the relationship between the three-dimension trademark and other intellectual property rights, and the elements of the law protection. But in China, three-dimension trademark is still a new type of trade mark, Further Academic Research and practice, it still an ordeal.In the USA, according to the"Lanham Act", the three-dimension trademark's protection is through the trade dress to achieve. And also, America is a country which began to protect the trade dress earlier than the others, so it has the mature legislation, rich legal precedents, furthermore, American Scholar make a deep research of it, all of these can give us a great reference.This article will take a systematic exposition to introduce the legal protection status quo of America and China, through the comparative study to give advice on how to improve the legal protection of three–dimension trademark of China. At first, this article embarked from the three–dimension trademark concept beginning, take a comparative analysis between Three-dimension trademarks and trade dress, analyses the different and contact between them, introduce the feature of trade dress, and also expatiate the theoretical and practical significance of protect the three–dimension trademark. The second, from three regions to analyses China and America's legal protection status quo. To be specific, it contains: the legislation actuality The concurrences of right and the conflicts of right between the three-dimension trademark and other intellectual property rights, the elements of the law protection(distinctiveness and non-functionality). Finally, for the above problem, by the summarizing and comparing, base on study the experience of the United States, the author proposed her own theoretical perspectives and legislative advices.