What are the restrictions on applying for registration of a three-dimensional mark
1. Only products Shapes arising from their own properties shall not be registered as trademarks. Such as Yuanxiao, Mahua, etc. in food. If the shape of Yuanxiao and Mahua is allowed to be registered as the trademark of Yuanxiao and Mahua and used exclusively, it will be equivalent to depriving other producers and operators of the right to produce and operate Yuanxiao and Mahua, which is unfair.
2. To obtain technical effects The required product shape cannot be registered as a trademark. For example, the shape of an electric razor blade is designed to achieve a certain technical effect, not to distinguish it from other razors, and does not have the function of a trademark. If the shape of this blade is allowed to be registered as a razor, Trademark and exclusive use will hinder the promotion and application of this technology.
3. Shapes that make the goods of substantial value shall not be registered as trademarks. For example, the unique cutting surface shape of a diamond is the shape that a diamond must have to have substantial value. This fact is unchangeable for any diamond producer and operator. It would be unfair to other diamond producers and operators if the unique cutting surface shape of a diamond is allowed to be registered as a diamond trademark and used exclusively.
Prohibiting the registration of the above three-dimensional marks as trademarks is very beneficial to maintaining fair competition, promoting technological progress and promoting the development of the trademark industry.
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