Does the three-dimensional use of a flat trademark constitute the crime of counterfeiting a registered trademark?

After the trademark owner applies for trademark registration with the Trademark Office, the trademark owner has the exclusive rights to the trademark, and their trademark is protected by law. No one may use their trademark without permission, otherwise it will constitute infringement. Does the three-dimensional use of a flat trademark constitute the crime of counterfeiting a registered trademark? The editor of Legal Savior Network has compiled relevant content for you. You are welcome to browse, thank you.

Whether the use of three-dimensional Trademarks constitutes the crime of counterfeiting registered trademarks

Does not constitute a three-dimensional use of a two-dimensional trademark and does not constitute the use of the same trademark.

The combination of a flat trademark and a three-dimensional trademark in the shape of a product The trademarks that are not visually identical and basically indistinguishable do not meet the constitutive requirements for the crime of counterfeiting registered trademarks.

First of all, from the perspective of expression, flat trademarks There is a big visual difference from the product shape trademark. The former is a two-dimensional plane sign; the latter is a three-dimensional sign occupying a certain three-dimensional space. In the process of brand recognition and shopping, consumers may think that there may be a direct or indirect connection between the goods using the flat trademark product shape and the exclusive right holder of the flat trademark, which may lead to confusion. However, in addition to the function of distinguishing the source, the shape of the product often also It has other functions such as attracting consumers. Consumers often do not think that the appearance of the product is the same as the flat trademark, and some may not immediately think of the existence of the flat trademark.

Secondly, from the perspective of the protection conditions of trademark law, the conditions for protection of flat trademarks and three-dimensional trademarks in the shape of goods are different. Although a certain flat mark meets the conditions for applying for registration of a flat trademark, it does not necessarily qualify as a three-dimensional trademark for the shape of goods. It still needs to accept non-functional trademarks.review. The right holder's exclusive right to use a flat trademark does not mean that the right holder also has exclusive rights to the shape of the goods using the flat trademark. The right holder must separately apply for three-dimensional trademark registration. If the two-dimensional trademark and the product-shaped trademark belong to the same trademark, the right holder can directly enjoy the right to use the three-dimensional trademark in the relevant product shape based on the two-dimensional trademark. This is inconsistent with the provisions of the Trademark Law. Therefore, a two-dimensional trademark and a three-dimensional trademark are not the same trademark.

In summary, the use of flat trademarks as products Although the three-dimensional use of a shape constitutes the use of a trademark, since this use does not constitute the use of the same trademark on the same goods, it does not meet the constituent elements of the crime of counterfeiting a registered trademark and does not constitute the crime of counterfeiting a registered trademark.

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