Legal Protection Of Non-traditional Trade Marks

The non-traditional trademarks, is the traditional mark corresponding to the trademark.With the deepening of market economy, in order to meet the needs of business, color, smell, sound and other non-traditional trade marks began to be used in specific business areas, the scope of trademark began to sculpture, from static to dynamic, from the visually awareness to the hearing, smell, taste perception to be gradually expanded, modern trademark law has to adapt to the development of commercial activities need to accept these non-traditional trademarks..As non-traditional trademarks have the same structure and traditional trademark, the same significant and non-functional, from the trademark legal point of view, equally non-traditional trade mark registrability.However, due to various technical problems, such as sound marks susceptible to external environment, may interfere with the consumer's hearing, causing confusion within the consumer; scent marks not only vulnerable to temperature, humidity, wind and other external environment, can not acquire distinctiveness through advertising; taste trademarks and trademarks is the sense of touch can cause people to recognize the difficulties, and so on, all non-traditional trademarks have not been accepted by national or regional trademark laws. For the same reason, China's trademark law did not present a comprehensive non-traditional trademark protection, but allows non-traditional trade marks in the three-dimensional marks and color combinations trademark.In fact, with technology development and social progress, non-traditional trademark law to protect all the various technical problems can be overcome.Moreover, non-traditional trademarks have been real business practices in Chinese enterprises and people's daily life, the world's countries (regions) of the Trademark Law have also included non-traditional trademarks of their protection, trademark law to accept non-traditional trade mark is potential in the inevitable.On the occasion of the Third Amendment to meet the economic life of the trademark practice in the practical needs and trademark legislation, the international trend, China's new "Trademark Law" should explicitly include its non-traditional trademark protection.