In the world of trademarks, three-dimensional trademarks have gradually become an important tool for companies to differentiate their brands with their unique three-dimensional shapes and strong visual impact. However, with compared to traditional trademarks, the registration and protection process of three-dimensional trademarks is more complex, involving a variety of legal issues.

A three-dimensional trademark, as the name implies, is a trademark composed of three-dimensional signs or elements. It can be the special and unique shape of the product itself, the creative packaging of the product, or other three-dimensional signs, identifying the source of goods or services through its unique three-dimensional shape. Due to their unique visual effects, three-dimensional trademarks are entitled to often express the inherent and significant brand information more intuitively to enhance the brand reputation among the customers.

I.  Expressions of Three-Dimensional Trademarks

The forms of three-dimensional trademarks are diverse, mainly including the following:

1. Decorative shapes unrelated to the product: These three-dimensional trademarks have no direct connection with the goods or services themselves and exist only as independent three-dimensional signs. For example, some brands may use specific sculptures or shapes as trademarks, which are unrelated to the product itself but have strong recognizability.

2. Unique shapes of products or packaging with text or graphic elements: These trademarks combine the shape of the product with embossed or engraved text, graphics, etc., forming a complete three-dimensional trademark. For example, a soap with embossed text and graphics stands out in the market with its unique shape and text combination.

3. Shapes of product packaging: Certain specially designed packaging shapes can also become three-dimensional trademarks. These packages not only protect the products themselves but also express brand information through their unique shapes.

4. Shapes of the product itself: In rare cases, the shape of the product itself can also be registered as a three-dimensional trademark. For example, the triangular mesh cookie shape registered in the EU has gained trademark protection due to its unique appearance.

II. Principles and Controversies of Three-Dimensional Trademark Registration

1.  Registration Principles

The registration of three-dimensional trademarks must follow the general principles of trademark registration, such as the principles of legality and distinctiveness ruled in Articles 10, 11 and 12 of PRC Trademark Law.

2. Legality: Three-dimensional trademarks must not violate public order and good customs and must not deceive consumers regarding the nature, quality, or origin of the goods or services.

3. Distinctiveness: Three-dimensional trademarks must possess sufficient distinctiveness to distinguish them from other goods or services. However, since three-dimensional trademarks often involve the shape or packaging of the product, the judgment of distinctiveness is relatively complex.

4. Non-functionality: Shapes determined by the nature or function of the product cannot be registered as three-dimensional trademarks. This is because functional shapes should be protected by patent law rather than trademark law.

III. Controversies and Challenges

The protection of three-dimensional trademarks was controversial before the signing of the TRIPS Agreement. On one hand, three-dimensional trademarks, due to their unique visual effects and strong recognizability, help consumers identify the source of goods. On the other hand, protecting three-dimensional trademarks may conflict with copyright, patent, especially design patent protection. Therefore, the protection of three-dimensional trademarks has been somewhat restricted for a considerable period.

IV. Strategies for Protecting Three-Dimensional Trademarks

1.  Broaden Trademark Registration

First, we would strongly recommend clients promptly registering their three-dimensional trademarks according to PRC Trademark Law to seek protection as early as possible. Additionally, it’s worthy of considering international trademark registration protection to prevent infringement disputes caused by trademark squatting.

2.  Defensive Registration

To prevent others from using the same or similar three-dimensional trademarks on strongly connected goods / services, it is advisable to adopt defensive registration strategies. That is, registering similar or connected goods / services to effectively prevent trademark rights from being infringed.

3.  Trademark Monitoring

It is suggested to closely monitor the "Trademark Gazette" issued by the CNIPA to understand the dynamic information on trademark registration, changes, transfers, licenses, and cancellations. Once a trademark that is identical or similar to their registered trademark is preliminarily approved and announced, they should promptly raise objections(oppositions, invalidation actions, non-use cancellation actions, etc.) to protect their trademark rights.

4.  Infringement and Enforcement

If a three-dimensional trademark is found to be infringed, it is advisable for the client to file a complaint with the local MSA or directly file a lawsuit with the Court. When submitting a complaint or lawsuit, they should provide sufficient evidence of infringement so that the authorities could be able to quickly and effectively stop the infringement.

5. Establishing Evidence Database

We would strongly recommend paying attention to establish and gradually fulfill the relevant evidence on trademarks, including sales data, advertising contract expenses, etc., to reinforce the reputation and inherent value of the trademarks. What’s more, these materials are significant for trying well-known trademarks, famous trademarks, and supporting trademark infringement litigation, etc.

Three-dimensional trademarks, as an important part of corporate brands, play significant roles for the long-term development of companies in terms of protection and management. However, the registration and protection process of three-dimensional trademarks is relatively complex and challenging. Fortunately Kangxin IP Platform arises to support with comprehensive, efficient, and professional solutions.

Through the one-stop service, intelligent monitoring and rights protection, brand management, and value assessment functions of the Kangxin IP Platform, the clients could more conveniently complete the registration and protection of three-dimensional trademarks, effectively prevent infringement, and fully explore and enhance brand value. In the future, with continuous technological advancements and improvements in laws and regulations, the protection of three-dimensional trademarks will become more important and effective.