On The Legal Protection Of Unconventional Trademark

Contents:With the time progress, the level of social productivity raises, and the methods guise of sales, it is an important part for the session trademark relate to products in the market and the degree of consumer acceptance, the number of products in circulation, and even the manufacturer success or failure. Therefore, how desired of buyers to increase the awareness of buyers, it becomes the focus of the logo designed. As advances in technology, the use of high-tech, it means more and more new species came into the form of trademark at present.Trademarks distinguish goods or services as identification in the form, it has been the traditional sense of no limited to the types, and beyond the traditional trademarks. Traditionally, the trademark is usually limited the product description and more, emphasis on narrative and description text, and technology development at present. Traditional trademark has been insufficient to meet the needs of the times, more and more vivid graphics to serve the public, new forms of unconventional trademark should mark out. When faced fierce competition international trade, trademar has not limited the basic types that visual perception, the plane, the emergence of a large number of visually perceptible, sound can be perceived, three-dimensional graphics, and even smell can be perceived, greatly stimulate the senses of consumers, the impact of market competition. Therefore, we should protect all types of trademarks.Based on the scope of modern, the paper gives the main influence the factors is identification of significant and non-functional elements. In the protected of unconventional trademark, which is major types of characteristics, the basic requirements, and identification of significant and non-functional elements whether. Comparing some countries regions analysis of the legislative system, determine the feasibility and importance of protection, and for major trademarks is:color marks, sound marks, scent marks, three-dimensional trademark discussed both of the applications for registration, protecet the form of content presentation, the mode of application, feasibility and other aspects of constructive comments.Currently, each countrys and regions is the same provided the unconventional trademark, most of the them has inclued some of the specific unconventional trademark protection, but there is still some imperfect, it has a hole yet. In China, the "Trademark Law" in the only protect three-dimensional trademarks and color combination trademark, there is still not allow ed other unconverntional trademark. Therefore, this article explores unconventional trademark registrability to improve our legal system,it has a practical significance for positive mark.For adaptating efficient and high-quality rapid development, and o trademark and brand has been playing an important role in international trade social. To meet the development trend of international intellectual property rights, legislation and practice in our country should increase unconventional trademark protection, the paper based on unconventional trademark, system analysis the significance of protection, unconventional trademark and necessity for the current. The feasibility of proposals on amending the Trademark Law, in order to improve China's trademark protection, provides a sound theoretical basis; and follow the development trend of trademark, expanding unconventional trademark protection, perfect registration protection program, to improve our legal system of trademark law.