Research On The Three-dimensional Trademark Issues From The Judicial Perspective

With the advancement of society and the development of market economy,intellectual property rights have increasingly become economic rights that market operators focus on protecting,and trademark rights,as an important part of intellectual property rights,are more valued by operators.Traditional trademarks are flat trademarks composed of text and graphics.Now,some goods and services begin to use three-dimensional signs as trademarks.The three-dimensional trademarks composed of such three-dimensional signs are more recognizable than flat trademarks and can make consumers more intuitive.The experience of the company has achieved better results than flat trademarks.However,in practice,there are various difficulties in the registration of three-dimensional trademarks,and it is difficult for the parties to file a lawsuit to the court after the registration fails to protect their rights.This article attempts to find the reasons for these problems from the court’s judgment and propose some solutions.This article is divided into four parts.The first part is to determine the concept of three-dimensional trademarks,and to distinguish the non-functionality and distinctiveness of three-dimensional trademarks.For distinctiveness,distinguish inherent distinctiveness and acquired distinctiveness;the second part is about The analysis of the data collected from the judgments of the Beijing District Court mainly analyzed the administrative judgments of the Beijing No.1 Intermediate Court,the Beijing Intellectual Property Court,the Beijing High Court and the three-dimensional trademarks,and found the commonalities in these judgments and found them.The third part is an introduction to the three-dimensional trademark system outside the territory,including the three-dimensional trademark system in the United States,Europe,and Japan,trying to find the system highlights suitable for the development of our domestic three-dimensional trademark from the legal regulations outside the territory;the fourth part is the combination In reality in China,several measures that can be improved in the judicial system of China’s three-dimensional trademarks are proposed.The non-functionality of three-dimensional trademarks is judged by the standard of the necessity of competition.Different methods are proposed for the distinctiveness of three-dimensional trademarks.Intrinsic salience should be clear about the judging criteria,and the method of obtaining saliency should be based on consumer perceptions.