Research On The Non-traditional Trademark Registration Problems

In the knowledge economy society, the value of trademark get promoted and become the most important intangible assets of enterprises. Along with the business diversification, new types of trademarks turn up. Color mark、motion mark、sound mark and scent mark are accepted and widely used.With the development of non-traditional trademarks, international organizations and the developed countries are trying to expand the protection of trademarks, form static to dynamic, visual to non-visible. After new international treaties signed, countries’trademark laws modified and important cases discussed, the system of non-traditional trademark protection gradually established. Study on the matters above can provides theoretical basis and practical experience to our third-time trademark modifying that considering of bringing non-traditional marks in.The non-traditional marks can only be registered by having the constitutive requirements of trademarks. First, marks are able to distinguish the goods or service by distinctiveness. Second, different from the regular marks’"inherent distinctiveness", non-traditional marks usually obtain the secondary meaning to reveal the distinctiveness. Third, the non-traditional marks can be demonstrated that not related to the function of the goods or service.In addition to non-traditional marks complying with the substantial requirements, the procedure of applying for registration is another problem. Traditional trademark applications only require a drawing or a written description, which is not proper for non-traditional marks, for not clearly and accurately expressing the mark content, so the digital media or other express forms are needed nowadays.This paper uses three main methods, including the literature review, comparative analysis and case-law study. To achieve the research purposes by collecting and analyzing the existing relevant literature including works, magazines and journals. Compare foreign countries’ legislations and theories as the reference in China. According to exemplify International, EU, US and Taiwan district legislations, this paper will discuss their similarities and differences of non-traditional trademark protection. The legislation and the practice is closely related to the development with non-traditional legislation.And this article is divided into four parts, from the general introduction to the specific non-traditional trademarks study, such as color mark, motion mark, sound mark and smell trademark. It ends to summarize the legislation suggestions.Part 1:Non-traditional trademarks overview. This part introduces the concept of the non-traditional trademark and its types. The necessity of non-traditional trademark protection and International countries’legislation reflects that the non-traditional trademark protection is the world trend.Part 2:Summarize the registration conditions of the non-traditional trademarks. This part can be a standard to measure whether a non-traditional mark can be a registered trademark.Part 3:Analysis of four typical non-traditional trademarks’substantial requirements and formal requirements. Including color mark, motion mark, sound mark and smell mark. Combining with censorship standards of Europe and the United States to break through the registered problemsPart 4:Give proposals to nontraditional trademark protection. And they are modifying the domestic legislation, perfecting the registration and censorship standards and participating in the international discussing...