Research On The Registration Of Three Dimensional Trademarks

The conception of Three Dimensional Trademark is firstly confirmed in the provisions of the Trademark Law from 2001 when it was introduced as a regulation into the intellectual property system in China.15 years past,even if the examination and judicial explanation of 3D trademark has not changed more,in practice,both the scholars and the examiner have made more focus on 3D trademark.This thesis was drafted for the purpose of discussing the rules of examination on the distinctiveness and functionality of 3D trademark and the theory was concluded on the basis of some typical cases in 3D trademark field.The comments on the defects of the examination were made on the basis of the comparison of the rules of China and other countries worldwide.The suggestion was issued on the basis of some typical practices from the entire world,especially of those in China.And finally the author made some suggestion according to the above situation.The full text is composed of preface,text and conclusion when its main body is consisted of three sections.The first chapter needs to study the question whether the three-dimensional trademark is the shape caused by the nature of the goods.Through two cases registered significant review on China's three-dimensional trademark was analyzed after the fact on the part to be sure,censors erroneous application of the law werediscussed,so as to distinguish between significant characteristics of trademarks and the three-dimensional trademark review significant between the characteristics of the same and the difference of the review.The three-dimensional trademark distinctiveness examination shall apply the specialized law to be identified,and the factors needed to consider the process of functional identification and principles are summarized.The second chapter needs to study whether the three-dimensional trademark is "the shape needed for the realization of the technical effect".On two cases of identified similar non-functional application were analyzed,in order to confirm the three-dimensional trademark's functional in the review process of the review of significant demand constraints,and also to identify "factors to achieve the technical effect due to the shape of" to be considered and summarized display.The third chapter research problem is determining whether the threedimensional trademark is of substantial value to the commodity shape ",put forward the current judicial practice of" aesthetic function "standards of rationality and defects.In the European Court "recognition" judgment standard under the premise,pointed out that the current "ignore competition standard" in the judicial practice,and then make a judgment to perfect the legislation standard proposal for "aesthetic function".