The Research Of Single Color Trademark Registration

In September2013, the fourth meeting of the Twelfth National People’s Congressvoted to adopt a "Standing Committee of the National People’s Congress onAmending ‘PRC Trademark Law’", since May1,2014, the new Trademark Law willbe implemented. Before this, as the third revision draft of the trademark law of brightspots, the possibility of registration of single color trademarks has been a heateddiscussion topic."The third revision of the trademark law" would also propose asingle color logo included in the protection of the trademark law. It is a pity that, theregulations was failed to pass. But thankfully, voice in the process of the change of thetrademark law has been incorporated into the scope of trademark protection. Thisshows that in China trademark law has slowly open to non-traditional trademarkregistration of protection, the legitimacy of a single color logo is the trend of TheTimes demand.However, in the international society Trademark law theory, there has alwaysbeen some theory against a single color to become a registered trademark,representative theories including color used theory, the function of color and colorconfusion theory. But through the depth analysis of going and practice, the authorthinks in today’s advanced era of knowledge economy, a single color logo has get ridof "used up","confusion" and "functional" dilemma, it should accord with twosignificant and non-functional conditions can obtain the trademark registration.However, a single color trademark registration must also does not harm the publicinterest, which shall not prejudice the rights of other market competitors reasonableuse of color. Research on single color trademark registration problems not onlyconforms to the basic requirements of the Trips agreement, but also for the perfectionof China’s trademark law has important practical significance.