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What should you pay attention to when applying for a three-dimensional logo trademark?

In recent years, three-dimensional graphic logos have become a commonly used graphic for companies to apply for trademarks, because three-dimensional graphics are three-dimensional shapes that can more accurately and intuitively display the form of goods or present different trademark personalities. As a special trademark, what should we pay attention to when applying for registration? The following editor will share relevant content for you for your reference and study. I hope the following content will be helpful to you.

Three-dimensional logo trademarks are often also called three-dimensional trademarks. A three-dimensional trademark refers to a trademark consisting of a three-dimensional mark or a three-dimensional mark containing other marks. A three-dimensional trademark can be the shape of the product itself, the packaging of the product, or other three-dimensional marks.

First of all, when applying for three-dimensional trademark registration, the applicant should declare it in the application. If it is not declared, it will be regarded as a two-dimensional trademark; the three-dimensional mark applied for trademark registration should be selected in the trademark application statement column of the application form, the use of the trademark should be explained in the trademark description column, and printed or printed in the trademark pattern box of the application form. Paste the trademark pattern.

Secondly, if a three-dimensional logo is used to apply for trademark registration, the trademark pattern should be able to determine the three-dimensional shape and include at least three views (front view, side view, bottom view, top view, etc.). The submitted multi-faceted views should belong to the same three-dimensional logo, and the overall pattern including the multi-faceted views should be no larger than 10×10cm and no smaller than 5×5cm.

Finally, if the 3D logo contains text, the text portion should be in the correct location of the logo within the 3D shape view, rather than independent of the view.

So, what are the prohibited conditions for three-dimensional marks?

First, only the shape produced by the product itself cannot be registered as a trademark, such as Lantern Festival or Mahua in food. If the shapes of Lantern Festival and Mahua are allowed to be registered as trademarks for Lantern Festival and Mahua, it would be unfair to deprive other producers and operators of their rights to produce and operate Lantern Festival and Mahua.

Second, the shape of goods required to obtain technical effects must not be registered as a trademark. For example, the shape of an electric razor blade is designed to achieve a certain technical effect, rather than having a trademarked function unlike other razors. If the shape of the blade is allowed to be registered as a shaver trademark and used exclusively, it will hinder the promotion and application of this technology.

Thirdly, shapes that make goods of substantial value shall not be registered as trademarks. For example, a diamond has a unique cut surface shape, which is what a diamond must have to have substantial value. This fact is immutable for any diamond producer and operator. It would be unfair to other diamond producers and operators if the unique cutting surface of a diamond is allowed to be registered as a diamond trademark and used exclusively.

Article 12 of the "Trademark Law of the People's Republic of China"

If a registered trademark is applied for with a three-dimensional mark, the shape generated only by the nature of the goods itself is not the acquisition of technology. The shape of the goods that is necessary for the effect or the shape that makes the goods have substantial value shall not be registered.

Prohibiting the registration of the above three three-dimensional marks as trademarks is very beneficial to maintaining fair competition, promoting technological progress, and promoting the development of the trademark business.