Legislative Protection Of Dynamic Trademark

At present, business is developing very fast with the prosperity of the Internet economy,and commercial activities have been developed from traditional offline into the coexistence ofonline and offline, and on-line business is gradually became dominant. The rapid developmentof economy and intense commercial competition makes enterprises have to face greaterchallenge in the era of the Internet economy. If enterprises want to become the top one inbusiness activities and beat competitors to stand out, they have to make their productpromotion or services much better. It is particularly important to use new eye-catchingtrademarks to attract the attention of consumers. However, the extreme prosperity ofcommerce leads to the increasingly reduce of the traditional trademark resources. Thesimilarity of trademark is constantly increasing, and the difference between the trademarks isdecreasing. Therefore, enterprises urgent need to find a kind of new business brandingelements, and the adoption of new types of trademarks is the inevitable choice. This paperaims to study a new type of trademark-Dynamic Trademarks, I wish to provide some usefulreferences for the legislative protection of dynamic trademarks through systematic expositionto make dynamic trademark more widely used in the boom commercial activities of Internet.Our Trademark Law has not been involved in the protection issue of dynamic trademarks,and legislation is still a blank, and the discussion of dynamic trademark is quite scarce inacademia. The discussion of new types of trademarks mainly focuses on sound marks, scentmarks, etc. With the protection of sound marks, other new types of marks (non-traditional)such as scent marks and dynamic trademarks should be more concerned by academia, andscholars should study it more. Through the study of dynamic trademarks, reference ofTrademark Law in each country, Analysis of the existing dynamic trademark case, this paperanalyzes the definition of dynamic trademarks, summarizes the basic characteristics ofdynamic trademarks, discusses the classification model of several representative dynamictrademark in academia, and calculated the reason that why we need to protect dynamictrademarks by law. By drawing on the regulations of international treaties and laws of othercountries and regions, as well as instances of existing dynamic trademark protection, andanalysis the requirements of dynamic trademark can be protected by law, this paper aims tomake some recommendations for the dynamic trademark legislation of our country.The first two parts of this article are mainly theoretical groundwork. The first part seeks to give a scientific definition of dynamic trademark, and summarize the essentialcharacteristics of dynamic trademark, at the same time to introduce and analyze severalrepresentative theoretical dynamic trademark classification model. On the basis of the firstportion, the second part further discusses the theoretical basis, necessity and feasibility of thedynamic trademark protection. Because of the dynamic trademark is not included into thescope of protection of the Trademark Law. Therefore, it is necessary to use the comparativeanalysis in the research process. It can provide useful lessons for the amendment of theTrademark Law by reference to international treaties and the legal provision issue of othercountries and regions. The third part focuses on the relevant international treaties, law andexisting instances of dynamic trademark protection of other countries and regions, tries tofigure out the reference factors for the amendment of our Trademark Law. The fourth partmainly discusses the features and registration standard of dynamic trademark, which can beprotected by the Trademark law. Trying to find out the commonality between dynamictrademark and traditional marks to remove obstacles for the dynamic marks can be protectedby the Trademark Law. The last, on the theoretical foundation and legislative background ofthe first four parts discussed, summarizes and generalizes how to protect dynamic trademarkby our Trademark Law, and puts forward some legislative proposals, and tries to find ascientific and rational protective mode of dynamic trademark.The author seems that dynamic trademark is a new type of trademark, which is unliketraditional forms of trademark and dependent on electronic media. In the era of the Interneteconomy, for the actual needs of commercial development and commercial activities,dynamic trademark, as a new type of trademark, should be protected with the traditionaltrademarks together by the Trademark Law. Therefore, our country should comply with thetrend of the development of international trademark, and speed up the study of dynamic brandtheory, and analysis dynamic trademark legislation cases and registered cases of othercountries, timely modify our country’s Trademark Law, and improve the relevant standards ofthe dynamic trademark application for registration to realize the protection of dynamictrademarks, so that our country’s enterprises will benefit in the world trend of dynamicprotection.