Study Of Trademark Function Problem

The problem of trademark function occurred just with new kinds of trademarks,for example three-dimensional trademark, color trademark, sound trademark and smell trademark, etc. So, the new trend of study on trademark function bears. In the process that trademark transforms from plane to three-dimension, from single to diversified, trademark function is playing an increasingly important role. Many countries have legislation about trademark function, and some of them have a relatively perfect legislation, but some have not. The regulation of our country to protect three-dimension trademark bore in article12of2001<Trademark Law>, and just from that time, the protection for trademark function began. However, compared with other countries, our trademark law legislated late, so, it is not perfect from its form to content. Though our new trademark law is worthy of praise, the outlook for its improvement is endless. As the development of international trade and the diversification of trademark infringement form, the improvement of trademark law has become the focus of scholars, and the study of trademark function becomes the top focus. Therefore, in-depth research of the problem of trademark function is significant.This thesis mainly tells these contents:the definition of trademark function, for example, the difference between trademark function and the possibility of confusion; the type of trademark function, mainly the practical function and aesthetic function; the judgment standards for trademark function, including the judgment standards in practice and in theory; the current situation of our legislation on trademark function, including the legislative current situations of the function of stereoscopic trademarks and other trademarks, finally, putting forward perfection suggestions of our trademark law about the legislation of the trademark function. And this thesis analyzes the function of stereoscopic trademarks and color trademarks through the introduction of some basic concept, the compare of related concept. In order to get a better understanding of trademark function, this thesis quotes the advanced foreign legislation on stereoscopic trademarks and color trademarks, and at the same time, it discussed the significance of trademark function in law. Then, citing some typical cases producing analyzations for them and alternating between relative law articles, then from the point of practice and theory, discussing the judgment rules for trademark function. And then, stating the current situation and defects of our trademark law. At last, proposing perfection suggestions for the function of color trademark, sound trademark and smell trademark at the basis of referencing the provisions of the stereoscopic trademarks function. The author just hope that this thesis will do a little contributions to the improvement of the legislation of our trademark law and its practice.