Research On Dynamic Trademark Registration System In China

With the development of science and technology,e-commerce has become a new mode of commodity economic development,and the use of dynamic trademarks has become a new choice for merchants to attract consumers' attention.Dynamic trademarks have been protected by trademark laws of many countries in foreign countries,and corresponding registration systems have been established.However,dynamic trademarks have not been included in the protection scope of trademark laws in China,and corresponding registration systems are yet to be established.This paper analyzes the registration system of dynamic trademarks from the relevant theories of dynamic trademarks.Firstly,it explains the concept,characteristics and the theoretical basis and principles of the protection of dynamic trademark,which provides the theoretical basis for the construction of the legal protection system below.Secondly,through analyzing the development and protection of motion trademarks in China,and with the current trademark law protection object and trademark registration procedures,put forward China's dynamic trademark registration in the existence of three problems: First,the dynamic trademark expression containing sound is not perfect;Second,the registration of dynamic trademarks marking product performance is not completely prohibited.Further more,the protection scope of the motion trademark is unclear.Starting from the international treaties related to the dynamic trademark registration system,this paper interprets the legislative intention of the motion trademark registration system,and compared with the provisions of the motion trademark registration system in different legal system countries.Finally,on this basis,three Suggestions are put forward for the establishment of China's dynamictrademark registration system.First,improve the written expression of dynamic trademarks,especially the dynamic trademarks containing sound;Second,the dynamic trademark containing product performance is not registered;Third,the protection scope of motion trademarks should be clarified.