The law stipulates three restrictions on the application for trademark registration of three-dimensional signs:
(1) Shapes that are only produced by the nature of the goods themselves shall not be registered as trademarks. Such as Yuanxiao and Twist in food. If the shapes of Yuanxiao and Twist are allowed to be registered as trademarks of Yuanxiao and Twist and used exclusively, it is unfair to deprive other producers and operators of the right to produce and operate Yuanxiao and Twist.
(2) The shape of a commodity needed to obtain a technical effect shall not be registered as a trademark. For example, the blade shape of electric shaver is designed to achieve certain technical effects, not to distinguish it from other shavers, and it has no trademark function. If this blade shape is allowed to be registered as the trademark of shaver and used exclusively, it will hinder the popularization and application of this technology.
(3) A shape that makes a commodity have substantial value shall not be registered as a trademark. For example, the unique cutting surface shape of a diamond is a necessary shape for a diamond to have substantial value, and this fact is unchangeable for any diamond producer or operator. It is unfair to other diamond producers and operators if the unique cutting surface shape of diamonds is allowed to be registered as the trademark of diamonds and used exclusively.
It is very beneficial for maintaining fair competition, promoting technological progress and promoting the development of trademark business to prohibit the above-mentioned three-dimensional signs from being registered as trademarks.