Research On The Problems Of China’s Color Trademark Registration Standard

In today’s increasingly prosperous commercial economy,the concept of color trademarks has gradually surfaced and emerged.Since its appearance,the concept of the color trademark has been controversial as a non-traditional trademark.Especially in China,there is no unified standard for the determination of its boundaries or the standards for registration review,which leads to very different standards when dealing with the registration of color trademarks in judicial practice,and there are many disputes.Based on this,this article attempts to analyze the problems existing in judicial practice,and integrate with the relatively mature foreign paradigms,to try to solve the existing dilemma of color trademark registration standards in China.First of all,starting with the standardization of the definition of color trademarks,it points out the examination standards in practice and the wrong judgments of color trademarks in judicial practice and regulates the scope of color trademarks,including the identification of trademark types and the comparison of trademark types in review,etc.The next part starts with the distinctiveness requirements of color trademark registration,point out the types of mistakes in their perceptions of their significance in practice and discuss them separately,including ignoring general industry choices,confusing theories of originality,using popularity as one of the reference standards,and not paying attention to consumer perception.In addition,by referring to the non-functional judgment standards of color trademarks in the United States,the order of judging practical functionality and aesthetic functionality is clarified.Furthermore,it carries out a detailed analysis of every key element of judgment standard.Finally,by putting forward feasible suggestions and specific legislative suggestions for the current problems of color trademark registration in China,in order to gradually improve Chinese color trademark system.