Research On Non-Conventional Trademarks

From the history of the evolution of trademark development and function perspective, with the rapid development of socio-economic and science and technology, the functions of trademarks become more and more diversity, and the emergence of non-conventional trademarks have also gradually be paid attention to. Therefore, at least in theory, to protect non-traditional trade mark is very necessary.Non-conventional trademarks, including 3D trademarks, color trademarks, audio trademarks, and scent trademarks and so on, are now allowed to be applied for registration and able to be approved in many countries and regions. Also, comparing to conventional trademarks, the applications for registration of these trademarks have some special conditions.When inquiring into whether non-conventional trademarks (3D trademarks, color trademarks, audio trademarks, scent trademarks, etc) should be given legal protections under Trademark Law, it is necessary to review the theory of trademark by its nature. Instead of focusing on what types of marks could be protected, the point is whether a particular mark has distinctive character. 3D figures, colors, sounds, and scents themselves are difficult to be represented graphically at the present, so how relevant consumers to differentiate such mark from another, and how to represent these marks in written descriptions and to deposit the specimens have become important issues in trademark application practices.To sum up, extending the protected matters under Trademark Law to non-conventional trade marks is to encourage enterprises to develop creative ideas which would be used to promote new products or services. By this way, the investment of efforts, money, time, or other resources in those ideas could be safeguarded and legal protected by Trademark Law.