What are the general principles for the registration and protection of three-dimensional trademarks
1. Principle of legality
Like all trademarks, three-dimensional trademarks must not violate public order and good customs. Nor can consumers be deceived about the nature, quality, or origin of goods or services.
2. Principle of distinctiveness
The prior rights mentioned here refer to the prior trademark rights and Other prior rights, as far as prior trademark rights are concerned, China has just begun to protect three-dimensional trademarks. At present, there are only rights to apply for them first. Conflicts can be avoided through inquiries. As for other prior rights, they are mainly prior designs. As a trademark agent, it is difficult to avoid conflicts in this area. According to the general experience of trademark registration, you can only claim your rights by filing objections during the announcement period or improperly canceling the registration after registration.
Special principles for the registration and protection of three-dimensional trademarks
To obtain registration of a three-dimensional trademark, in addition to complying with the general principles of trademark registration, there are also some special requirements, also known as "restrictive conditions".
1. The appearance of the product itself cannot be registered
This provision refers to the shape of the goods involved in registration, compared with its natural state or usual processed state. It lacks anything special. In other words, this appearance is just a description of the product and cannot serve as a trademark to distinguish the source of the product.
Due to different molecular structures, specific shapes will be produced during the crystallization process. After water crystallizes, it will take the shape of snowflakes. Both shapes are It is the natural solid state of water, or the appearance due to their properties. This shape cannot be registered. Of course, no one will register a snowflake-shaped three-dimensional trademark for snow. By analogy, rock sugar cannot be registered on rock sugar. After crystallization, the three-dimensional shape is produced, and alum cannot register the three-dimensional shape produced by alum crystallization.
In addition to the natural state that cannot be registered, the processed state cannot be registered. For example, if a diamond is re-processed into a shape with a small bottom and a large top with multiple reflective surfaces, it cannot be registered because it is not processed in this way. If it cannot reflect light well, it will not look beautiful. This shape is determined by the processing status and cannot be registered.
2, The appearance determined by the function of the product cannot be registered
Function Mainly includes two types: technical function and aesthetic function
1) Technical function
The so-called technical function is the product If the appearance is more suitable for the use of the product or reduces the processing cost, we consider the appearance to have technical functions. 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, the owner cannot be allowed to register it as a trademark that can be renewed indefinitely. Functional shapes, in addition to being protected by invention patents, should be freely available to competitors.
2) Aesthetic function
Three-dimensional shapes with aesthetic functions cannot be registered as three-dimensional trademarks. 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.
When designing trademarks, companies try to make their trademarks as It is more beautiful, so it is impossible to exclude the aesthetic function of a trademark. Since the aesthetic function of a trademark cannot be excluded, and a trademark with aesthetic functions cannot be registered, doesn’t it mean that it cannot be registered? Legal experts have also seen this problem, and they have raised the question: If the recognition function of this three-dimensional shape is greater than the aesthetic function, it can be registered. If the aesthetic function is greater than the recognition function, it cannot be registered.register.
The above is the relevant knowledge compiled by the editor for everyone , if your situation is more complex, the Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.
