Legal Protection Of Motion Mark

Motion mark is consist of motion graphics shown in a certain time, and is an identifiable commercial sign with persistence of vision effect. The dynamic pictures shown by the motion marks get rid of the Consumers’aesthetic fatigue which is caused by simple and static visual sense. Compared to the traditional trademarks, they can induce the consumers’appetency of purchasing commodity and service much easier. Based on these advantages, motion marks are very popular in the e-commerce and online games. The quantity of the motion marks is huge but there are not many researches about the motion marks in China. Moreover, the legal protection of them is still not existed. In this case, it is imperative to enhance the research about the motion marks and enrich the knowledge of its theories. This essay studies the motion marks by an unusual method of discussing the different structural parts of motion marks respectively which use the analytical perspective of the mathematical problem for reference. The thesis also tries to find a suitable legal protection of the motion marks in China, and present the motion marks intuitively in the mean time. There are5parts in total:The first part answered what the motion marks are based on the structure and connotation of the motion marks. According to its connotation and the conclusion of its characteristics, the motion marks are defined as a composition of motion graphics shown in a certain time as well as an identifiable commercial sign with persistence of vision effect not including advertisements and icons which transform regularly. In the structure aspect, every motion mark is composed of dynamic process, dynamic image, Animation and other elements.The second part introduces the current situation of legal protection of the motion marks and gives an answer to that how the motion marks is. In the protection of statute law, America and EU already have an increasingly sophisticated legal protection system of the motion marks at present. The 《Singapore treaty of the trademark law》 will be included in the protection of motion marks as well. Based on the fact situation of registration of motion marks, the registered motion marks over the world concentrate in Europe and America and the trademarks in service class occupy almost70%.The third part demonstrates the possibility of registration of motion marks. This part mainly analyzes two aspects:the substantial elements of motion marks and their formal requirements. In the substantial elements, the entirety and the component of the motion marks should be surveyed comprehensively when affirming their significance, non-functionality and non-rivalry. The formal requirements of motion marks are the file material which required for registration. According to the comparison of the relevant provisions of WIPO, USA, EU and Taiwan, these file material include logo, words description of Trademark and trademark text in electronic form.The fourth part analyzes the problem of affirmation of infringement act of motion marks. The infringement of motion marks could be the infringement of a single constituent part or the infringement of the overall motion marks. The infringement of a single constituent part involves diffident Trademark types. Among them, it is not an infringement if only the dynamic processes are similar. However, the affirmation of similarity of dynamic graphics and the traditional trademark needs to investigate is there complex associating phenomenon existing between the dynamic graphics and motion marks. The infringement of the overall motion marks only happen between two motion marks. The similarity of dynamic processes is an entirety and is an important element of similarity of the overall brand when affirming their similarities.The fifth part inspects the legislative transplantation of motion marks that is the possibility of increase the legal protection of the motion marks in China. China already has the necessity and possibility of the legislative transplantation of motion marks. Ground on the concrete policies, it is enough to just enlarge basic constitutive elements of "dynamic" trademark and understanding the procedural requirements of registration of motion marks.