Analysis Of "Secondary Meaning" Trademark

The"secondary meaning"is an important conception in trademark law which decides a mark can obtain the trademark right or not in most cases. Analyzing the basic theories and discussing the function of"secondary meaning"trademark is significant for us to clarify the theories and reform the concrete system of trademark law by using the experience of other countries for reference and linking our country's Trademark Law ,the article discusses about the general theories of trademark distinctiveness and points out that the application of secondary meaning trademark should include descriptive mark, trade dress ,place name, geographical indication, and some marks which are short of distinctiveness. The article is combined by four parts :PartⅠ——Defining the distinctiveness of trademark. This chapter mainly discusses the connotation and identification of distinctiveness, analyses its degradation and loss. After interpreting "fifth methods" of trademark the article shows the relationship between the distinctiveness and the extent of trademark right. The distinctiveness could be either inherent or acquired and only those have acquired distinctiveness could become the real trademark in the market. Analyzing on the concept of"secondary meaning"and pointing out the logical relationship between "secondary meaning" and " first meaning " .PartⅡ——The value of "secondary meaning" trademark. This article summarized the "secondary meaning" trademark value into three points: First, by protecting the "secondary meaning" trademark we can create a fair competitive market circumstance, in line with the legislative intention of the trademark law. Second, the value of the trademark arising from making use of it, the "secondary meaning "trademark condensate a large number of operator's labor, their interests deserve to safeguarding. Third, because of the consumer" recognize brand when they are shopping ",so the article indicate that acknowledge and protect of the" secondary meaning "trademark to guarantee the sources and quality , its benefit to preserve the interests of consumers.PartⅢ——The scope of application and the judgment for "secondary meaning" trademark. This chapter focuses on the relationship between several typical marks and "secondary meaning" trademark from which leads to the general scope of application for the "secondary meaning" trademark. Presentation the rule of EU and United States on the "secondary meaning" trademark, then points out the important meaning to improve our countries "secondary meaning" trademark system.PartⅣ——To build of our country's "secondary meaning" trademark system. In this chapter, by critique the article 5 of "Anti-Unfair Competition Law" and the article 11 of "Trademark Law" , reflect the status and problems of our countries "secondary meaning" trademark .At the end of the article, expound the restriction of the "secondary meaning "trademark.