| Three-dimensional trademark, established by the Trademark Law’s second amendment in2001, has been protected more than10years. Although the three-dimensional trademark system has primly protected the development Market economy and the interests of domestic enterprises during these ten years, the complexity of Market economy leave the three-dimensional trademark system unsuitable with the development of Market economy. Due to this situation, the three-dimensional trademark system is facing great challenge.Apart from the Introduction and Conclusion, this paper is composed of three chapters. Chapter One offers detailed analysis and study of the first case of three-dimensional trademark’s background, brief introduction and the trial. Chapter Two reports and introduces the three-dimensional trademark legal system and define the meaning of the three-dimensional trademark; explore and study the domestic and international provisions about the three-dimensional trademark. Chapter Three discuss the present situation of the three-dimensional trademark’s protection and the existing problems. Finally, under the basic of the above-mentioned, researchers can safely arrive at the following conclusions, which can help the society solve the existing problems under the conditions of market economy. This paper will compose following research methods:case analysis, investment, comparative study and Inductive analysis.The first innovation of this paper is that the paper will make some useful discussions, which is under the microcosmic analysis of the first case of three-dimensional trademark, the existing problems of the three-dimensional trademark’s protection. The second innovation is that this paper makes some suggestions about the three-dimensional trademark’s protection, covering the relevant recommendations of the legislature, the judiciary administrative organizations and The business community. All these are hope to make a little contribution to the third revision of China’s Trademark Law. |
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