The Study Of The Iegal Protection Of The Single Color Trademarks

Color marks can be divided into a single color and color combination trademarks. Single color trademark registration issue has been the subject of attention. Single color trademark in the United States, Germany, France, Taiwan, Italy, Korea and other countries and regions has been allowed to register. But our country still only protects color combination trademarks Single color marks are excluded, Therefore, revising Trademark Law and protecting a single color marks is a very urgent task.The first chapter studies the possibility and necessity of the single color as a trademark registered . Studying the protection of a single color must first be studying that a color trademark is possible and necessary. This chapter refutes the opposition to the trade mark registration of the three single color theory to analyze the possibility of a single color trademark, then cited that the United States, Germany, three EU countries have allowed the single color to be registered as trademarks. Finally, this chapter analyzes the possibility and necessity of a single color trademark. Chapter II looks at the basic single color elements of trademark protection. Exploring that a single color marks should be have the basic elements: significant and non-functional.Chapter III studies the application and review of a single color trademark. Only the discussion of the possibility and necessity of registration of the single color theoretically, is not sufficient to evoke the attention of a single color trademark protection.Therefore, this chapter studies the possibility and necessity of a single color trademark protection from a practical point of vie: Single color trademark is feasibleand can be operated in practice.Chapter IV discusses the recommendations of a single color trademark protection.Since a single color marks both in theory and in practice are possible and necessary, protecting a single color trademark is necessary.This chapter proposes the advice to amend trademark law. The establishment of specialized agencies, and the implementation of expert system involved in a trial are necessary. And relevant agencies should strengthen the personnel training, and mprove the quality of trademark examination teams and judges.