Research On Color Trademark

With the increasingly fierce market competition, the form of trademark has broken the traditional limitation and some new types of trademark appear such as color trademark, smell trademark and three-dimensional trademark. In line with TRIPs Agreement of WTO, The Chinese Trademark Law establishes the color trademark legal system. Color trademark is a single color or color combination without definite outward framework, indicating different origin of products or services. The Chinese Trademark Law does not recognize a single color trademark. This paper introduces a large number of cases in order to study the evolution of the US legal system of color trademark. The confusion, depletion and the functionality of colors affect the registration of single color. Single color can obtain distinctiveness and show the source of the products. Through the introduction of the utilitarian functionality and aesthetic functionality, I think that the principles of non-functional should be introduced to the review of registration. The last part of the paper is study the stander of similar judgment, which can effectually help perfect our legal system of the color trademark.