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What is a three-dimensional trademark? What are the requirements for registration?

Three-dimensional trademarks refer to using a certain three-dimensional shape as a mark for goods. They are also called appearance trademarks and three-dimensional trademarks. It is different from the trademark pattern that we usually see on a flat surface. Instead, it appears as a three-dimensional material form with three dimensions: length, width, and height. This form may appear in the three-dimensional shape of the product itself, or it may appear in the three-dimensional shape of the product itself. On the three-dimensional shape of product containers or product advertising materials.

Assuming that a text trademark or a graphic trademark is attached to a three-dimensional shape, it can be expressed in three forms: the three-dimensional shape of the product itself is attached with a word trademark or a graphic trademark; the packaging or container of the product is attached with a text trademark or the three-dimensional shape of the container. Trademarks or graphic trademarks; text or graphic trademarks attached to the three-dimensional shape of product advertising materials.

Because a three-dimensional trademark is a three-dimensional trademark, it has more visual impact than a flat trademark and can better identify the source of goods or services. However, on the other hand, while protecting a three-dimensional trademark, it may conflict with copyrights and patents. In particular, the protection of design patents conflicts, so three-dimensional trademarks cannot be protected for a long time. Nowadays, countries that provide protection for three-dimensional trademarks generally attach strict restrictions when registering three-dimensional trademarks to reduce conflicts in protection.

However, certain requirements and conditions are required when a three-dimensional mark is registered as a trademark. The Trademark Law stipulates that "if a three-dimensional mark is applied for a registered trademark, the shape generated only by the nature of the goods itself is for the purpose of obtaining technology." The shape of goods necessary for the effect or the shape that makes the goods have substantial value shall not be registered as a trademark.”

Therefore, the following three situations generally cannot be registered as trademarks: ① Only due to the nature of the goods themselves. The resulting shape, such as the shape of a book, the shape of a general light bulb, etc.; ② The shape of the product to obtain technical effects or the shape that makes the product have substantial value, this aspect includes the shape of a razor, the shape of a kitchen knife, etc.; ③The shape that makes the goods have substantial value, such as the shape of tires, etc.

Therefore, there are many restrictions when registering a three-dimensional mark as a trademark. Because of its own special distinctiveness, companies must observe its own shape before registering such a trademark to avoid appearing The above three situations prevent the three-dimensional mark from being registered as a trademark.