The Legal Protection Of Single Color Marks: Focus On The Trademark Law Of The U.s.

With the development of commercial activities, media communication and advertising design, with each passing day, the symbols which can be perceived by people to constitute a trademark symbol are not limited to text or simple graphics, many visual signs can be perceived as well. As long as the symbol can distinguish its own business and goods from others, it is a trademark of potential. Like many new type trademarks, colors are becoming important for the consumers to identify products. In consideration of the function and importance of the color as a trademark, in this article, the trademark law protection of a color as a trademark will be discussed in detail, especially when a single color to be used as a trademark. There is not a certain rule applies for a single color mark protection, and different countries around the world have their different legislation about this problem. For instance, although China has broken the traditional standard of trademark registration that it has accepted the color combination to be used a trademark, but for the legal protection of a single color mark remains unclear. This article will focus on the trademark law of the U.S., which is the first country that provide legal protection of a single color mark, introducing the concept of the American legislation of the color marks, and the development process and the legal protection status, analyzing with cases about how a single color mark can be registered and gained protection, assuming the infringement issues of a single color mark may arise, combining with the well-known trademark legal issues that may arise, and concluding certain rules for the color mark protection after it gets legal registration. During the period studied in the U.S. for the master degree of law, the author has gained relatively deeper interest in certain special topics in the field of trademark law, especially after the case-based learning for the U.S. trademark legal system and the learning of the Lamhan Act, which is the federal trademark law of the U.S. In order to better introduce the American trademark legal system, and to better demonstrate the problem, this Article quotes a lot of Anglo-American Law-related information and cases, using a real well-know brand as an example of the single color mark as background, providing a semi-fictional case make up by the author to discuss the problem, analyzing the possibility of winning and losing the case, comes out the conclusion of the author that the single color mark can be registered and can be protected, yet there should be limitation on the cross-class protection. Based upon the conclusion, the author consider the necessity and possibility of the legal protection of a single color mark of China, according to the legal as well as the practical environment of China. Further consider with reference to the practice of other countries in the world, the author makes comparison and analysis and then make legislative proposals. Lastly, we appeal that the Chinese trademark law legislation shall continue to improve by amending some of the relevant provisions about single color marks, so as to be able to meet today's competitive market demand for new type marks to the best extend.