Study On The Registrable Status Of Position Mark

With the economic diversification development, constituent elements of marksbecome more and more plentiful, which brings out position mark, one of the non-traditional trademarks. Under the circumstance that the TRIPS regulates the protectabletrademark type as an opening way, and the Singapore Treaty on the Law of Trademarksintends to push the registration and protection of the non-traditional trademarks in theworld, many countries and regions have taken extensive attention on position mark as anew trademark constituent element. In contrast, position mark is not recognized andprotectable under P.R.C law, and out of theoretical research in China. But in the recentyears, Chinese court has been encountered cases involving the registration disputes ofposition mark. Considering some developed countries has accepted the position mark asone of eligible protectable trademark types, and Korea, Japan are gradually intending toregulate position mark, how to protect this non-traditional mark has been an importantproblem in our country. This essay will be started with the definition, types and protectedcontent of the position mark, through comparative studies, the analysis will be made outabout the feasibility and necessity for position mark registering and protection in ourcountry. And through understanding, inducing the position mark’s legislation andpractice in other countries, the essay will have in-depth discussion on the registrability ofposition mark, and concludes the specified conditions need to be met if registeringposition mark. At last, taking account the real condition of China, the legislative proposalfor position mark protection will be tried to give out. The essay consists with thefollowing four chapters: The Chapter One will start with the content of position mark, and the definition,types, protected content of the position mark will be defined in a scientific way. Then thechapter will submit the question whether we should regulate position mark as a trademarkconstituent element based on the current situation of our country.The Chapter Two mainly discusses the theoretical support and practical basis ofposition mark’s registry. Firstly, it will be discussed the position mark is qualified withthe recognition function, which is the most basic characteristic of trademark. Secondly,through analyzing and inducing the international treaties which are related to positionmark, it will be found the position mark is eligible trademark type when the positionmark meets certain requirements under international treaty. Then, through comparativestudies, other countries attitudes to position mark’s registry and protection will be tallied,which are helpful references for us on position mark’s registry and protection.The Chapter Three is a development of chapter two. Since position mark has thetheoretical support and practice basis to be registered, the special requirements forregistering position mark are being the next question. This chapter will conclude thespecificity on position mark registry after studying the related cases and law in othercountries.The Chapter Four sets forth several ideas and proposals against legislation andpractice problems of position mark registry in China, which are based on the currentstatus of our country and compared rules and regulation of other countries and regions.Hope the suggestions and countermeasures submitted in this chapter will be helpful andconsidered in Chinese litigation amendment and juridical practice in the future.