To put it simply, a three-dimensional trademark actually refers to using a certain three-dimensional shape as a mark for goods. It is also called an appearance trademark. So what exactly does a three-dimensional trademark refer to? What does it contain? In the following, the editor of Legal Savior Network will give you relevant answers on the specific content of three-dimensional trademarks.
What is a three-dimensional trademark
Three-dimensional trademarks are also called three-dimensional trademarks. They are different from what we usually see. The trademark pattern on the plane is different, but appears as a three-dimensional material form with three dimensions: length, width, and height. This form may appear on the shape of the product, or on the container or other places of the product. The addition of regulations for the registration and protection of three-dimensional trademarks is a new addition to the newly revised Trademark Law in 2001, which will make my country's trademark protection system more complete.
A three-dimensional trademark is actually a three-dimensional trademark. Compared with flat trademarks, they have stronger visual impact and can better identify the source of goods or services. However, because some countries are worried that the protection of three-dimensional trademarks may conflict with the protection of copyrights, patents, especially design patents, three-dimensional trademarks have been in use for a long time. No time can be protected. Countries that currently provide protection for three-dimensional trademarks generally attach strict restrictions when registering three-dimensional trademarks.
Three-dimensional trademarks are trademarks that are presented in a three-dimensional image as a three-dimensional logo, the overall appearance of the product, or the physical packaging of the product. To put it simply, it is a three-dimensional trademark. It can be divided into the following types:
Simple three-dimensional shape includes the three-dimensional shape of the product itself, the three-dimensional shape of the product container, and the three-dimensional shape of the product advertising material;
A text trademark or graphic trademark is attached to the three-dimensional shape. There are words or graphic trademarks attached to the three-dimensional shape of the product itself. The packaging of the product Or the three-dimensional shape of the container is attached with a text trademark or a graphic trademark. The three-dimensional shape of the product advertising material is attached with a text or graphic trademark.
Not all three-dimensional marks can be registered as trademarks. Article 1 of the "Trademark Law" stipulates: "Applying for trademark registration with a three-dimensional mark shall only be based on the nature of the goods themselves." The resulting shape, the shape of the goods necessary to obtain technical effects, or the shape that makes the goods of substantial value shall not be registered as a trademark. "It can be concluded that the following three-dimensional logo shapes cannot be registered as trademarks:
1. Shapes resulting only from the properties of the commodity itself, such as book shape, general light bulb shape, etc.;
2. The shape of the product necessary to obtain technical effects or the shape that makes the product have substantial value, such as the shape of a razor , the shape of a kitchen knife, etc.;
3. Use The shape of goods with substantial value, such as the shape of tires, etc.
In the above, the editor has brought you information about the specific meaning of three-dimensional trademarks and its classification. I believe that after reading the above content,We also have a better understanding of three-dimensional trademarks. If you have any other legal questions, you can check the relevant content in the knowledge section of the Legal Savior website.
