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立体商标显著性应区分不同情况进行认定,对于与商品无关的三维标志,只要其本身具有独特性,能够发挥识别来源功能,即可认定其显著性。而由商品外形、外形组成部分或商品包装的外形构成的三维标志,首先要判断其是否具有通用意义,如果具有通用意义,则着重通过获得显著性分析其是否具有商标意义。
The distinctiveness of the three-dimensional mark shall be determined by distinguishing between different situations. For the three-dimensional mark which is not related to the goods, the distinctiveness of the three-dimensional mark as long as it can play the function of identifying the origin can be considered as significant. The three-dimensional mark formed by the shape of the product, the component of the shape or the shape of the package of the product firstly judges whether it has a universal meaning or not and, if it has a universal meaning, focuses on whether it has a trademark meaning by obtaining significance.