According to the provisions of the Trademark Law, any visible mark that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs 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 to register a three-dimensional trademark, the applicant should 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 pattern shall not be greater than 10 cm and not less than 0.5 cm.
1. The appearance of the product itself cannot be registered. This provision refers to the appearance of the goods involved in the registration, which lacks anything special compared with its natural state or usual processing state. In other words, this appearance is only a description of the goods and cannot distinguish the origin of the goods. Trademark function.
2. The appearance of the product determined by its function cannot be registered.
(1). Functions mainly include technical functions and aesthetic functions. The so-called technical function is that the appearance of the product is more suitable for the use of the product or reduces the processing cost. We consider this appearance to have a technical function.
(2) The regulation that the appearance of goods with technical functions cannot be registered is mainly to prevent the circumvention of patent laws. Because a purely functional shape should be protected by an invention patent and eventually enter the public domain, and the owner cannot be allowed to register it as a trademark that can be extended indefinitely;
3. It has aesthetic function The three-dimensional shape cannot be registered as a three-dimensional trademark. The purpose of this provision is to prevent the purpose of a trademark from being distorted and thereby damaging copyright and design rights. Appearances with aesthetic functions are not subject to copyright or design patent protection.