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Intellectual Property and Commercial Court Determined Three-dimensionalization of Another's Flat Trademark Constitute Trademark Infringement
Whether the three-dimensionalization of a flat trademark registered by others constitutes trademark infringement is a practically important issue. The Intellectual Property and Commercial Court adopted affirmative opinions in 2021 in a criminal case against trademark infringement.
The Intellectual Property and Commercial Court pointed out that a trademark should be sufficient to enable consumers of goods or services to recognize that it is a mark for commending goods or services, and can be distinguished from others' goods or services. The use of trademarks under the Trademark Act refers to the use of trademarks on goods, services or related objects for marketing purposes, or the use of flat images, digital audio and video, electronic media or other media to make relevant consumers aware of them. Unauthorized use of the same or similar trademarks in violation of the Trademark Act includes trademark commercialization or three-dimensional goods and then constitutes trademark infringement if the authorization relationship is confused and if there is not any fair use under the Trademark Act.