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Non-traditional Trademarks Be Registered Research

Posted on:2015-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:J SuiFull Text:PDF
GTID:2296330422982949Subject:Law
Abstract/Summary:PDF Full Text Request
Most people consider that traditional trademarks mainly consist of a word, name, orsome kind of logo. The trademark which breaks though the denotation of the object isnon-traditional trademark. In addition, non-traditional trademark also breaks though aboveobjects of the method of information perception. Trademark could help consumers connectingcertain goods or service and operator,so it can distinguish with other goods or services.It’seasy to recognize brands and also go beyond pure comptetion with its peers.Non-traditionaltrademark be registered includes multiple standards:significance, non-functionality,non-conflicting and so on. The form of trademark has broken the traditional limitation andsome new types of trademarks.Non-traditional trademarks can take many forms,as well, including three-dimensional trademarks,sound marks,smell trademarks,etc. It isrelatively perfect that some countries or regions have the protection of the non-traditionaltrademarks.They also have more successful cases to be registered. For example, the UnitedStates is one of the earliest and most open country relating to non-traditional trademarkregistration and protection.In1990, the United States approved of the first case of smelltrademark.For single color trademark, The federal to the Supreme Court held that the colortrademark had conditions of trademark protection which can receive protection.China shouldpecfect the system on non-traditional trademarks. The sound trademark can be registered.It’sthe progress of the trademark law.But we have to admit.The non-vision of trademark beregistered has brought many difficulties. These problems pose a challenge not only foraffirmation of trademark infringement,but also for give technical opportunities. The paperstarts with the characteristics of non-traditional trademarks.It is of significance of reference toprotection of non-traditional trademarks in China to analyze the countries system ofnon-traditional trademarks. At the end of the paper,according to consumer spending habitsand patterns and technology development of mature,we ought to protect the non-traditionaltrademarks in gradient.It is of significance to perfect the related legislation.
Keywords/Search Tags:Trademark, Ton-traditional trademarks, Registration, Legal protection
PDF Full Text Request
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