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The Application Of Three-Dimensional Trademark Is Very Difficult, &Nbsp, And "Significance" Needs To Be Cultivated As Early As Possible.

2011/1/25 17:25:00 75

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Three Dimensional Trademark Registration Three Dimensional Trademark Intellectual Property Rights

In order to safeguard their trademark rights and interests, the international first-line brand is not less worried.

Coca Cola Co has applied for three dimensional trademark registration for its Fanta brand. It has not been successful after 8 years of twists and turns.

It is reported that Coca Cola Co in October 2002 filed with the Trademark Office of the State Administration for Industry and Commerce of China to apply for the registration of Fanta soda bottle as a three-dimensional trademark. After being rejected for two times, the Coca Cola Co still refused to accept the application. Finally, the Trademark Review and Adjudication board of the State Administration for Industry and commerce was brought to the court.

Despite the rejection of the appeal, Coca Cola Co still said: "our company believes that" Fanta gourd bottle type "is significant as a trademark. It should apply for trademark registration so as to protect the exclusive rights of registered trademarks and prevent infringement from other parties.

Coca Cola Co so argued that this is the case.

Three dimensional trademark registration

It means a lot to them.

Indeed, compared with the flat trademark, three-dimensional trademark has stronger visual impact, easier to be recognized and remembered, and helps to cultivate consumer loyalty.

Three dimensional trademark "true face"

What is a three-dimensional trademark?

Three dimensional trademark

It is a trademark which is presented in three dimensional images with three dimensional logo, merchandise whole or solid packaging of goods. The specific way of expression includes the three-dimensional shape of the commodity, the three-dimensional shape of the commodity container, the three-dimensional shape of the commercial advertisement, and the characters and trademarks or graphic trademarks attached to the above three kinds of shapes.

The "open" arm of the "Cadillac" car, the flying goddess of pure silver flying in the wind, the large "M" of the McDonald's lines is a three-dimensional trademark.

Four successful registration of three-dimensional trademark

China's protection of three-dimensional trademarks began after the trademark law was amended in 2001. Because the protection of three-dimensional trademarks may conflict with the protection of copyright, patents, especially the design patents, and the difficulty in the evaluation of the significance of three-dimensional trademarks, obtaining stereoscopic trademark registration certificates is more difficult. However, if a stereoscopic trademark registration certificate is obtained, it can prevent others from imitating the commodities of the company through commodity packaging and so on, which is of great significance to brand promotion.

Hong Kong certified public accountants is a certified public accountant in Hongkong. It is committed to providing company registration, trademark registration, accounting audit, tax planning and other services for global enterprises. Over the past 20 years,

intellectual property right

The experience and research in the field of protection suggest that in order to successfully register three-dimensional trademarks, efforts should be made in the following four aspects:

First, conscientiously study the existing trademark law for three-dimensional trademark legislation, to understand the types of three-dimensional trademarks, special restrictions and review methods.

Three dimensional trademarks are different from general trademarks. There are many special requirements, such as the appearance of the product itself can not be registered, and the shape of the commodity function can not be registered.

The two is to choose a registered trademark which is sufficiently "significant" to be registered.

Nowadays, there are many kinds of commodities in the market. If there is a plan to register a three-dimensional trademark, a detailed market investigation should be conducted first, so that the shape and figure of the same or similar product should not be chosen.

Three is the application of three dimensional trademark registration at the right time.

The law emphasizes the importance of long-term use. Enterprises should choose to apply for registration when the registered trademark has certain influence and is not replicated by the market.

The four is to do well the preservation and filing work of the promotional evidence (flat, video ads, etc.) with the registration of three dimensional trademark products, and provide sufficient support for the application of three-dimensional trademark.