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1. How to apply for registration of a three-dimensional trademark

According to the provisions of the Trademark Law, any visibility that can distinguish the goods of a natural person, legal person or other organization from the goods of others Logos, including text, graphics, letters, numbers, three-dimensional logos and color combinations, as well as combinations of the above elements, can be applied for registration with the Trademark Office as 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. When applying for registration of a three-dimensional trademark, the applicant shall state this in the application. If it is not declared, it will be regarded as a two-dimensional trademark.

According to the provisions of the "Trademark Examination Standards",

When applying for registration of a three-dimensional trademark, the applicant shall submit a trademark drawing that can determine the three-dimensional shape. If multiple views need to be submitted, they should be placed on the same trademark drawing, and no more than 6 views should be submitted. The length or width of the trademark image shall not be greater than 10 centimeters and not less than 10 centimeters.

2. Three-dimensional

Examination procedures for trademark registration applications

According to the provisions of the "Trademark Examination Standards", the examination of three-dimensional trademark registration applications includes formal examination and substance examination review.

(1) Formal review

The main review is whether the applicant declares in the application that he is applying for registration of a three-dimensional trademark and whether the application materials comply with the regulations.

(2) Substantive examination

The substantive examination mainly includes the examination that the three-dimensional trademark shall not violate Article 12 of the Trademark Law, the examination that the distinctive features of the three-dimensional trademark are the same as the three-dimensional trademark, Approximate review. In addition, it should be noted that three-dimensional trademarks must not violate the provisions of Article 10 of the Trademark Law regarding signs prohibited from being used as trademarks.

1. The review of Article 12 of the Trademark Law shall not be violated. Article 12 of the Trademark Law stipulates that if you apply for a registered trademark with a three-dimensional mark, the shape is only caused by the nature of the product itself. The shape of goods required to obtain technical effects or the shape that makes the goods have substantial value shall not be registered.

(1) The shape is only the shape produced by the nature of the commodity itself. The shape produced by the nature of the commodity itself refers to the shape that is necessary or commonly used to realize the inherent functions and uses of the commodity. For example: safety buckle.

(2) The shape of goods is only necessary to obtain technical effects. The shape of goods is necessary to obtain technical effects, which means that the goods have specific functions or the inherent functions of the goods are improved. Easily implement the necessary shapes. For example: power plugs, containers.

(3) The only shape that makes a commodity have substantial value is the shape used to make the appearance and shape of the commodity affect the value of the commodity

like. For example: jewelry, porcelain.

2. Examination of the distinctive features of the three-dimensional trademark

The three-dimensional trademark only specifies the common or commonly used shape, packaging or whole of the goods and cannot distinguish the source of the goods, and the application If it is difficult to determine the three-dimensional shape of a trademark drawing submitted by a person, it will be judged to lack distinctive features.

(1) Only the general or commonly used shape of the product is designated, such as loudspeakers, chocolates, etc.; but the general or common shape of the product is not specified

or contains Except for other signs with distinctive characteristics.

(2) Only the general or commonly used packaging of goods is designated, such as candies, cosmetics, etc.; but the general or commonly used packaging of goods is not designated

or contains Except for other signs with distinctive characteristics.

(3) Others that lack distinctive features, such as glasses, perfumes, etc.; except for three-dimensional signs that have distinctive features

.

3. Examination of identity and similarity of three-dimensional trademarks

Examination of identity and similarity of three-dimensional trademarks includes examination of identity and similarity between three-dimensional trademarks and between three-dimensional trademarks and two-dimensional trademarks.

(1) Examination of identical and similar three-dimensional trademarks

A. Both trademarks are composed of a single three-dimensional logo. The structure, shape and overall vision of the three-dimensional logo of the two trademarks If the effect is the same or similar and is likely to cause the relevant public to misunderstand the source of the goods or services, it will be determined to be the same or similar trademark.

B. Both trademarks are composed of three-dimensional signs with distinctive features and other signs with distinctive features. The three-dimensional signs or other signs of the two trademarks

are the same or similar, and it is easy to If it causes the relevant public to misunderstand the source of the goods or services, they will be determined to be identical or similar trademarks.

C. Both trademarks are composed of other signs with distinctive features and three-dimensional signs without distinctive features. The other signs of the two trademarks are identical or similar, which will easily cause the relevant public to know the source of the goods or services. In case of misunderstanding, it will be determined to be the same or similar trademark. However, other signs are obviously different and will not cause the relevant public to misunderstand the source of the goods or services.

(2) Examination of whether a three-dimensional trademark is identical or similar to a two-dimensional trademark

A. A three-dimensional trademark is composed of other marks with distinctive features and a three-dimensional mark without distinctive features. If the other mark is identical or similar to the distinctive part of the two-dimensional trademark and is likely to cause the relevant public to misunderstand the source of the goods or services, it shall be deemed to be the same or similar trademark.

B. The three-dimensional mark in the three-dimensional trademark has distinctive features, but the visual effect is the same as or similar to the distinctive part of the two-dimensional trademark, which may easily cause the relevant public to misunderstand the source of the goods or services. , judged to be identical or similar trademarks. I hope it helps you and I hope you will adopt it