Current location - Trademark Inquiry Complete Network - Trademark registration - In our country, the three-dimensional mark cannot be used as a constituent element of a trademark.
In our country, the three-dimensional mark cannot be used as a constituent element of a trademark.
Legal analysis: Not all three-dimensional signs can be registered as trademarks. Signs that cannot be used as trademarks are: the same as or similar to the national name, national flag, national emblem, military flag and medal of People's Republic of China (PRC), and the same as the names and graphics of specific place names or landmark buildings where the central state organs are located; With ethnic discrimination; Exaggerate propaganda and deception; It is identical with or similar to the official marks and inspection marks indicating the implementation of control and guarantee, unless it is authorized. According to Article 12 of Chapter 1 of China's Trademark Law, an application for registration of a trademark with a three-dimensional mark is not allowed only because of the shape produced by the nature of the commodity itself, the shape of the commodity needed to obtain technical effects or the shape of the commodity with substantial value.

Legal basis: Trademark Law of People's Republic of China (PRC).

Article 12 Where an application for trademark registration is made with a three-dimensional mark, the shape produced only by the nature of the commodity itself, the shape of the commodity needed to obtain technical effects or the shape that makes the commodity have substantial value shall not be registered.

Article 59 Where a registered trademark contains the common name, figure and model of a commodity, or directly indicates the quality, main raw materials, function, use, weight and quantity of the commodity, or contains a place name, the exclusive right to use a registered trademark has no right to prohibit others from using it properly. The exclusive right holder of a registered trademark of a three-dimensional mark has no right to prohibit others from properly using the shape of the commodity itself, the shape of the commodity needed to obtain technical effects or the shape that makes the commodity have substantial value. Before the trademark registrant applies for trademark registration, if another person has used a trademark that is the same as or similar to the registered trademark and has a certain influence before the trademark registrant, the exclusive right to use the registered trademark has no right to prohibit the user from continuing to use the trademark within the original scope of use, but he may require it to attach appropriate distinctive marks.