Research On Trademark's Distinctiveness

Trademark's distinctiveness enjoys pride of place during the realization of trademark's functions.It decides whether a mark can obtain the trademark right and acquire the protection of the trademark law or not.It plays domination role in the institutional design and operation of the trademark law.The research on trademark's distinctiveness makes for clarifying theoretical cognition,and it is significant to perfection of trademark law system as well.This thesis discusses the basic theory of trademark's distinctiveness,compares the related regulations of distinctiveness system of other states with comparison analyses and demonstration analyses.This thesis further delves into the deficiencies of present regulation of distinctiveness of the Trademark Law of our country and raises legislation proposals for the third amendment of the Trademark Law.The thesis composes of three parts as follows:Partâ… is the prologue of this thesis.It introduces the theoretical and practical meanings of the thesis and illuminates major ideas.Partâ…¡is the text of the thesis and it composes of three chapters.The first chapter is the summary of trademark's distinctiveness.It discusses the concept of trademark's distinctiveness,analyzes and compares the related theories of the concept.It further points out distinctiveness is the inherent essential attribute which makes the mark identify the designated goods or services and distinguish the source of the goods or services from other sources.This chapter expatiates on the meanings of distinctiveness,points out that distinctiveness is the precondition of acquirement of a trademark and illustrates that distinctiveness decides the protective scope of a trademark.This chapter also discusses the ebb and flow of distinctiveness.The second chapter devotes to international legislation comparison of distinctiveness.This chapter illustrates that the related regulations of distinctiveness mainly fall within forbidden terms.The United States of America and the European Union members hold different attitudes on the concept of distinctiveness,which results in different infringement standards.The legislations of the USA and the EU members both stipulate the losing of distinctiveness,but the legislation of the USA is more severe as far as a trademark evolves into a general term and loses its distinctiveness through usage.As far as distinctiveness cognizance is concemed,the USA and the EU members hold the same standard. On the basis of legislation comparison,this chapter concludes that the geographical name trademark,the single color trademark and the non-visual trademark can acquire distinctiveness through long-term usage in the USA and the EU members.The third chapter discusses the deficiencies and perfection of the distinctiveness regulation of the Trademark Law of our country.This chapter offers legislation proposals for the third amendment of our country's trademark law in respect of distinctiveness system,which includes legislation proposals for the concept of distinctiveness,establishment of the system of distinctiveness losing,perfection the regulation of registration of geographical name trademark, single color trademark and non-visual trademark and perfection of the trademark infringement cognizance standard.Partâ…¢draws the conclusion of the thesis.