立体商标法律保护制度研究-民商法学专业论文.docxVIP

1 1 2 2 Abstract Along with the standing development of market economy, many countries have expanded the scope of trademark which can be registered one after another. However, the extension of trademark style also brings a series of legal questions. As far as the three-dimensional trademark concerned, although three-dimensional trademark can be protected in more than 80 countries, including our country, these countries are still unable to agree upon how to protect the three-dimensional trademark. They have to think over whether protection of three-dimensional trademark can collide with the original trademark law system and whether protection of three-dimensional trademark can break the relationship of original trademark law rules. They also have to think over how to judge the distinctiveness and the functionality of three-dimensional trademark. For the entire intellectual property system, we also have to think over whether the protection of three-dimensional trademark can destroy the intellectual property system; result in the overlap and crossover of trademark law, copyright law and patent law. Without doubt, the wide divided opinions of the theory research have laid down enormous hidden danger for the three-dimensional trademark examination and judicial practice, affecting the application of trademark law. Therefore, carrying out the study on three-dimensional trademark has significant theory and practice value. This paper clarifies all sorts of theory puzzles, discusses the rational standard on how to judge the distinctive and functionality of three-dimensional trademark and achieves the harmoniousness of trademark law and intellectual property system. This paper can be divided into four parts: The first part summarizes the basic content of three-dimensional trademark protection and holds out that three-dimensional trademark can be clarified into common three-dimensional mark, the shape of commodity itself and commodity package or vessel appearance. Based on the