| The cognizance of Three-dimensional trademarks belongs to the new problems of rapid economic development.At present,the administrative and judicial fields in our country have existed for a number of typical cases,most people think non-functional and significant are the most important points,and the non-functional is the premise condition when it comes to the significance of trademark to identify.And the significance is divided into inherent distinctiveness and obtaining significant.There are many disputes and differences,when it comes to the significance of trademark to identify,especially about the cognizance of the significant condition.In this paper,Dior company vs.national trademark review and adjudication board's decision to reject trademark review is selected as the main case to Interpret the Non-functional character and the significant of the three-dimensional trademarks in detail,and the non-function and significance of three-dimensional trademark are combined with similar cases such as “Fender bottle”,“Zippo lighter ”,“sauce bottle”.As for the inherent significance,We will analyze it with the originality of trademarks and the cognitive habits of the relevant public in detail.Obtaining Significance means in the absence of intrinsic significance,the logo in a wide range of uses and propaganda to distinguish the characteristics of the source of goods or services.And examine whether consideration has obtained significant factors so far have relatively clear rules,this article mainly from obtaining significance factor,combined with the specific laws,interpretation was carried out on the case analysis,seeking solutions to the problem.Eventually,the time of entering the Chinese market,the strength of putting into use and commodity market share will be the considerations of the three-dimensional mark.And some suggestions are made in the article about the recognition of the three-dimensional trademarks from the field of practice and legal improvement... |
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