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Legal Protection Of Three - Dimensional Trademark

Posted on:2015-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:H W ZhouFull Text:PDF
GTID:2206330461996910Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The three-dimensional is a new type of trademark. As a non-traditional trademark, which is different from the two-dimensional trademark. Since 2001, the three dimensional shape of the trademark law as a new trademark object, the three-dimensional shape of the trademark registered to protect the instance is not much. Then, for three-dimensional trademark legal protection should be where to start? In this paper, starting from the meaning of the three-dimensional mark, to analyze the significance and necessity of the establishment of the system. Articles about the substantive conditions of trademark registration protection expanded to significant non-functional requirements as well as the fundamental elements, discusses the importance of the two elements in the three-dimensional trademark. At the same time, in view of the three-dimensional trademark protection to the impact of the current intellectual property system is the necessary analysis, the law for protection of three-dimensional defects and the conflict between intellectual property rights have been discussed. Argument, the cases involved in has carried on the simple analysis. This article expectations from different countries and regions have learned from the advanced experience of the benefits of three-dimensional trademark in China, and try to improve different levels of legal protection for three-dimensional marks suggested.
Keywords/Search Tags:Three-dimensional trademark, Distinctiveness, Non-functionality, Balancing of interests
PDF Full Text Request
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