Because non-functionality should have the following points, one is based on the consideration of trademark distinctiveness, and the other is based on the consideration of anti-monopoly and encouraging free competition. Because if some signs that can be protected by patents are protected by trademarks, patents may actually be permanently monopolized, which is not conducive to social progress. Article 12 of the Trademark Law stipulates that three kinds of three-dimensional signs with functional characteristics cannot be registered as trademarks: consumers generally buy them based on their remarkable appearance, so the appearance cannot be registered as a three-dimensional trademark, and can only be protected by applying for a design patent.