1. The distinctiveness of a trademark with inherent distinctiveness refers to the distinctiveness of the trademark designated for use in a specific commodity or service, which is different from other trademarks. Therefore, distinctiveness naturally includes the meanings of "uniqueness", "particularity", "difference" and "obvious difference". The more unique the symbol of "stand out from the crowd", the more likely it is to have intrinsic significance. To judge the uniqueness of a three-dimensional logo, we not only need to examine the meaning of the shape of the logo itself, or the combination of the shape with words, graphics, letters, numbers, colors and other elements. It is also necessary to pay special attention to whether the relevant public will realize that the logo is a trademark used by commodity or service providers to distinguish the source of goods or services in the process of identifying the source of goods or services. In reality, it is often difficult for the relevant public to associate the shape of the commodity itself with the trademark, but to regard it as the appearance, packaging and decoration of the commodity. Therefore, for those three-dimensional signs that have the function of product modeling or packaging at the same time, even if their design is ingenious and quite unique, they generally do not have inherent distinctiveness. In this case, the trademark applied for is a part of the appearance of the guitar, and it is designated to be used on the goods of "electric guitar". Even if the logo embodies certain design innovation elements, it is still difficult to meet the requirements of inherent distinctiveness. Second, regarding the use of obtaining distinctiveness, the second paragraph of Article 11 of China's Trademark Law allows the applied trademark to obtain distinctiveness after being used without inherent distinctiveness, which is called "obtaining distinctiveness". For three-dimensional marks, especially those that are difficult for the relevant public to identify as trademarks, they can be used to obtain saliency, thus meeting the requirements of saliency of registered trademarks. The reason why it can be remarkable through use is that in the process of market use, the relevant three-dimensional signs always appear with specific goods or services. With the passage of time, when the logo gains a certain popularity, the relevant public will establish a fixed relationship between the three-dimensional logo and the production source. Once the connection can meet the requirements of stability, uniqueness and directionality, then the three-dimensional logo has the distinctiveness of a registered trademark, and the relevant public can not only identify it as a trademark, but also associate it with a specific production source, thus giving full play to the proper identification function of a trademark. On the other hand, if the three-dimensional mark does not establish the above relationship with a specific production source through extensive use, then the three-dimensional mark does not yet have the conditions for registration. As for the standards and conditions for obtaining distinctiveness, we should consider the inherent characteristics of the trademark, the length and scale of use, the situation of competitive products, the nature of designated goods and other factors comprehensively. In this case, the applicant for trademark registration failed to submit the certificate of its use in Chinese mainland, so the existing evidence is not enough to prove that the trademark applied for has obtained the remarkable characteristics that should be registered through use. Three. In my opinion, the application for trademark registration of three-dimensional signs, especially those used as commodities or packaging, should be coordinated with other intellectual property legal systems, and the policies should be strictly grasped to avoid private monopoly of public resources. Different from plane signs, three-dimensional signs often have certain functionality, which may be beneficial to the development and progress of human society. We should follow the basic principle of intellectual property rights, that is, to achieve the balance between private monopoly and public resources. There are many dimensions to protect the appearance and outer packaging of goods, and sometimes they can be protected by means of copyright, design patent right and so on. In order to balance the interests of the obligee and the public, and promote the development and dissemination of technology, literature and art, relevant laws set a certain time limit for copyright and patent rights to ensure that relevant intellectual achievements enter the public domain after the expiration. If these objects protected by copyright and patent rights are protected by trademark rights, the functions and beneficial effects represented by three-dimensional shapes may be monopolized by private subjects forever because of the permanence of trademarks, which will eventually hinder the development and progress of human society. Therefore, on the one hand, the law has set up a "fair use" system, which provides other competitors in the market with exemption rules for infringement; On the other hand, we should also strictly grasp the salience standard of three-dimensional signs. When there is a fear of monopoly of intellectual achievements, we should avoid the imbalance of interests. Even if the relevant three-dimensional signs can establish a unique corresponding relationship with specific goods or services, they should avoid having a negative impact on the public's right to rational use of public resources at the time of registration or in the process of use. Four. The legal application of the distinctiveness of three-dimensional marks neither the current trademark law nor the new trademark law directly stipulates the distinctiveness of three-dimensional marks Judging from the expression of Item (1) of Paragraph 1 of Article 11 of China's Trademark Law, the wording of the law only includes "common name, figure and model". Generally speaking, "graphics" only refers to plane graphics, but does not include three-dimensional "shapes", which is a legislative defect. However, according to the interpretation rules of the law, the provisions on "graphics" can also be applied to the distinctiveness of three-dimensional signs by analogy, that is to say, only the "universal shape" of goods cannot be registered as trademarks. Only in this way can we meet the original intention of legislation and provide legal basis for judging the salience of three-dimensional signs.