Research On Trademark Distinctiveness

The thesis mainly focuses on six parts of trademark distinctiveness as follows:the definition of trademark distinctiveness, the historical development of trademark distinctiveness and its theoretical basis, the classifications, the main infringement types (confusion and dilution) and the protections. According to the analysis of trademark distinctiveness, we could understand the core constitution of trademark and the essential infringement of trademark better than before, and fix the legal loophole of trademark perfectly.The first chapter discusses the definition of trademark distinctiveness and compares the differences between the two concepts:distinctiveness and uniqueness, then makes a conclusion that distinctive character shall be the core composing element of trademark.The second chapter devotes to summarizing the historical development of trademark distinctiveness. From the perspective of information economics and semiology, trademark distinctiveness plays a significant role in trademark law.The third chapter introduces two classification of trademark distinctiveness by different standards. According to the way of acquisition, trademark distinctiveness shall be classified as the inherent distinctiveness and the acquired distinctiveness. Based on the competition policy, it shall be divided into de facto distinctiveness and de jure distinctiveness.The fourth chapter describes the judgment principles of trademark distinctiveness, considering the relevant public viewpoints, or the whole trademark distinctive character and the specific goods or services, or the practical use and the public interests.The fifth chapter reveals the essence of infringement in the field of trademark law. Neither trademark confusion nor dilution, they infringe the trademark distinctiveness virtually. As a result, trademark distinctiveness is the main object of trademark protection.The sixth chapter puts forward two proposals to perfect the trademark rights relief system according to the study on the trademark distinctiveness. Firstly, take the theory of the likelihood of confusion as the main principle to judge whether the trademark infringement happens or not. Secondly, adopt the trademark anti-dilution theory to perfect the current legislation in China.