Research On The Determination Of The Distinctiveness Of Three-dimensional Trade Marks

With the prosperity of the market economy and the gradual improvement of people's living standards,the purchasing power of global consumers has increased day by day,so the role of trademarks attached to goods that can distinguish the source of goods or services is getting more and more legal.And public recognition.According to the two-dimensional shape and three-dimensional shape of a trademark,a trademark can be divided into two types of two-dimensional plane trademarks and three-dimensional three-dimensional trademarks.Although the appearance time of three-dimensional marks was later than that of flat marks,it was more visual and intuitive in terms of expressive power and therefore had more influence on producers,operators and consumers.Whether or not a stereo sign can be registered by the trademark authority,the key factor is determined by whether or not the stereo sign has distinctive features.Judging from the current global situation,there are already more than 100 countries and regions in the world that recognize the legal status of three-dimensional trademarks.However,there are still many disputes regarding certain aspects of three-dimensional trademarks,such as whether the three-dimensional trademarks themselves are inherently significant.What are the factors that determine the intrinsic distinctiveness and distinctiveness of a three-dimensional mark and the factors that affect the recognition of a three-dimensional mark? While the number of three-dimensional trademarks approved and registered by the trademark authority is increasing,the problems and conflicts that arise in practice will increase correspondingly.The reason for this is mainly because China's legislative provisions in this regard are still not perfect.This has led the trademark authority and the judiciary to produce self-contradictory results when they specifically use the legal provisions.Based on the above background and problems,first of all,this article starts with the status quo of the legislation of China's three-dimensional trademarks,defines the related concepts of the three-dimensional trademarks,and concludes the three-dimensional marks in the “Trademark Law” and “Standards for the Examination and Examination of Trademarks”.The statement of the law.Second,taking the representative cases in judicial practice as research samples,it analyzes the difficulties and causes of determining the salience of three-dimensional trademarks.Third,examine the legal experience of certain countries in the Anglo-American and continental legal systems,as well as EU law,when encountering similar problems.Finally,some suggestions for improving the standards and methods for the identification of the three-dimensional trademarks in China are put forward.Including the meaning of “relevant public” at the legislative level;the criteria for determining the “second meaning” of the identified factors;and the classification of three-dimensional trademarks.Judging from the perspective of producers,consumers,and competitors on the judicial level,the significance of three-dimensional marks must be determined;from the perspective of three-dimensional marks as a whole,it is presumed to be significant,and importance is attached to "obtaining distinctiveness." Through the discussion of these aspects,the article hopes to study the identification of the distinctiveness of three-dimensional trademarks,and further standardize the application in judicial practice.