The Registration And Protection Of Three-dimensional Trademark

Stereoscopic trademarks as a new brand, is more intuitive and more attractive to the consumers, compared to the other types of trademark, thus is more widely applied in practice. Although the registration and protection of stereoscopic trademarks, principle should follow the general rules of trademark registration and protection in principal. However,Whether the two-dimensional or three-dimensional trademark trademark, has its own uniqueness for that there are still some obvious difference between three-dimensional and two-dimensional signs mark.If we treat the three-dimensional mark in the same way of the two-dimensional mark,some obvious problem will be produced.Additionally the registration and protection of trademarks are two different systems,the study of the three-dimensional trademark registration and protection,both has the theoretical and practical value.In this paper,it take the "China’s first case of nestle and taste things of" square bottle "brand series of case as an example,and analyzed the issues of registration and protection of three-dimensional trademark.This article is divided into four parts,totaling about two thousand words or so.The first part, "China’s three-dimensional trademark in the first case" case introduction. Stereoscopic trademarks to is known as "China’s first case of nestle and taste things of" square bottle "brand series is briefly described in the case, this case is divided into civil confirmation not tort litigation and administrative authorization made by litigation. Civil confirm no infringement lawsuit, taste things company to court to lodge a lawsuit request does not constitute to nestle "square bottle" three-dimensional trademark infringement, the jiangmen then of first instance and the guangdong provincial high court second trial that flavor company does not constitute infringement. Administrative authorization made by lawsuit, taste things in to confirm no infringement lawsuit to the court at the same time, put forward to the trademark review and adjudication committee of dispute of trademark objection, maintain registration of trademarks, the trademark review and adjudication committee ruled that controversial flavor matter company refuses to accept the decision, to bring administrative prosecution by the mobile service in Beijing and the Beijing court second trial recognized trademark dispute of trial the lack of significant, does not meet the requirements for the trademark registration. Nestle is not satisfied with the guangdong provincial high court and Beijing high court’s decision, the supreme people’s court to lodge a retrial, the supreme people’s court to suspend the retrial procedure. In this case the author induces extract three issues: how to recognized the significance of three-dimensional symbols; How to determine the non-functional requirements for the three-dimensional symbols; How to define the scope of the protection of stereoscopic trademarks and clear judgment standard.The second part, the significance of three-dimensional trademark. This paper combined with the legal and practical experience at home and abroad, from the inherent distinctiveness and obtained significant two angles to introduce significant that stereoscopic trademarks. Secondly, this paper combined with the case of civil confirmation not tort litigation and administrative authorization made by lawsuit court referee, the referee in connection with different sentence, for dispute significance that this paper analyzes the causes of conflict. Finally, the author puts forward Suggestions for the perfection of stereoscopic trademarks significant standards. The author thinks that, 3 d mark it usually will not be as a trademark, typically do not have the inherent significance; To obtain significant that the author thinks that, different from 2 d plane three-dimensional trademark logo is often part of the product, stereoscopic trademarks obtained significant judgement when deciding to consumers’ perspective, the need to consider the relevant public cognition and that the applicant’s usage and other factors.The third part, the three-dimensional trademark non-functional. At home and abroad, the author combined with justice and introduces the practical experience on functional stereoscopic trademarks, combined with the court of administrative authorization made by lawsuit, the trademark dispute whether has the aesthetic function is analyzed. The author thinks that, different from 2 d plane three-dimensional trademark, the trademark three-dimensional symbols property specifies the function of the product itself, nature of functionality that clear the product itself is the core of functional judgment, with the help of a patent application documents, such as advertising and network database of appraisal, whether to have card into functional.The fourth part, the protection of stereoscopic trademarks. The author mainly on how to define the scope of the protection of stereoscopic trademarks and clear judgment standard is analyzed. In the light of guangdong high court case about taste of not constitute infringement determination, the three-dimensional trademark protection range from conflict and balance of social and public interests, stereoscopic trademarks awareness and stereoscopic trademarks can play a role in goods source three angles to define; Approximation of stereoscopic trademarks are not necessarily lead to infringement, the premise is meet the rational use of trademark, conditions, confuse the judgment of the stereoscopic trademarks shall be in the general public to distinguish to the realization of the rights of the similar goods on the basis of considering the subjective factor, the comprehensive judgment.The improvement of the three-dimensional trademark registration examination standards, the key lies in the trademark law of significance, functional standards improve the clarity and stereoscopic trademark protection system, the author hopes this article can offer beneficial thinking for trademark legal system perfect.