Article 12 of the Trademark Law stipulates the non-functionality of three-dimensional trademarks. The shape of the product or product packaging is a three-dimensional shape that is indispensable to ensure the function of the product or product packaging. The trademark formed by it has functional characteristics and cannot apply for registration. Only non-functional three-dimensional trademarks will be allowed to be registered.

Non-functionality is based on the consideration of trademark distinctiveness, and the other is based on anti-monopoly and encouragement of free competition. Because if some marks that can be protected by patents are then protected by trademarks, the patent may in fact be permanently monopolized, which is not conducive to social progress. Article 12 of the Trademark Law stipulates that three types of three-dimensional signs with functional characteristics cannot be registered as trademarks: 1. Shapes that are solely caused by the nature of the goods themselves, that is, functional in nature, such as the appearance of Apple, cannot be registered as Apple trademarks be registered; 2. The shape of the product required to obtain technical effects, that is, practical functionality. In the famous trademark infringement case of Philips v. Remington, the European Court of Justice ruled that Philips registered a three-head shaver in the UK. The trademark with the appearance of a knife is the shape of the product required to obtain the technical effect, so it cannot be protected as a registered trademark; 3. The shape that makes the product have substantial value, which is commonly referred to as aesthetic functionality. Substantive value mainly refers to the aesthetic value of the shape, which is the main inducement for consumers to purchase. For example, if consumers generally purchase a certain mobile phone based on its distinctive appearance, the appearance cannot be registered as a three-dimensional trademark and can only be protected by applying for a design patent.