On Position Mark And Its Registration Conditions

Contemporary economic and social is quickly developing,the function of trademark becomes increasing diversified,which leads to a growing diversified interest that needs to be protected.In a pluralistic society,a large number of nontraditional trademark need protection has emerged.Position trademark,as a kind of non-traditional trademark,compared with traditional trademark,has its own necessity of protection.Position trademark is a sign capable of graphic representation that serves to distinguish the source of goods or services among specified commodities or the specific location of a particular place where the service is provided.On the current situation in China,the newly modified Trademark Act does not provide related content about position trademark.According to the rules of trademark application,Position trademark could only be regarded as traditional trademark,such as Graphic trademarks,color trademarks,etc.However,as a new type of trademark,being judged by the traditional trademark review standard,position trademark often suffers the embarrassment that it does not allow for registration due to the lack of significance and other reasons.It has become a topic of widespread concern in many countries and regions that position trademark have been clearly established in Singapore Treaty on the Law of Trademarks Regulations.In 2005,position trademark is regarded as a trademark type for application and has been written into the standard of review in Japan's newly-revised "Trademark Law".However,there are few studies on position trademark in China.It has become an important problem that how to protect the interests of trademark owners,and how to link up traditional trademark with modern trademark.Using the discussion of the meaning of position trademark as a starting point,learning from the protection mechanism of position trademark in foreign trademark law,giving an exploration of registration conditions of position trademark,this paper aims to provide the interests with appropriate protection under the new background.As the main structure of the body,the following parts will be discussed.Part one clarifies the definition of position trademark.from the German doctrine,the Singapore Trademark Agreement,the Japanese new trademark law review rules respectively.By explaining the open spaces in the legislation of our country,this paper signifies the importance of giving position trademark the protection under the law.Part two,by analyzing international examples of the protection of position trademark,summarizes the constituent elements of position trademark,the protection scope of trademark elements,the usage scope of the position trademark.Finally,a deep understanding of the protection prerequisite of position trademark as a non-traditional trademark is given.Part three mainly discusses the registration conditions of position trademark.On the one hand,from the perspective of significance,the significance of the trademark is divided into intrinsic significance and significant.The registration of position trademark may claim its inherent significance.And it is also possible to obtain significance by long-term use for a second meaning.On the other hand,this paper puts forward some suggestions on the protection of the position trademark in China by studies on procedural conditions of unknown trademark registration from the program elements perspective.This paper aims to address the scope of protection and the standards of judicial review of this kind of non-traditional trademarks in China in the new era context,by clarifying what is position trademark,what to protect about position trademark,the legal protection of the position trademark standards,examples and experience from other countries and regions.