The Expansion Of The Scope Of Trademark Protection

There are various types of marks to distinguish goods and services in the transaction ofcommodity economy, to a certain extent beyond the "traditional" sense of the text and graphicmarks. There are a lot of new trademarks, such as new sound, smell and so on; the scope ofprotection of such trademarks should be adjusted accordingly. Sound marks, scent marks in othercountries and regions have been protected, at the same time, we should think what arrangementsthe trademark law should make. The driving force of this writing is to judge whether to copy theforeign system or to develop our own systems that suit ourselves in the protection of the nationalenvironment. The purpose of this study includes supplying a more convincing theoretical supportfor sound marks brought into trademark protection, which applies literature analysis, value analysisand dialectical analysis to express registered premise of sound marks and how to register byexplicit mind and careful language clearly. The novelty of the article is to clarify the premise thatsound mark is brought into the protecting scope of the Trademark Law, which means how thetrademark symbol gets protection. Subsequently it’s feasible to analyze bringing sound trademarkinto trademark protection in the Chinese position of Trademark Law.Article in general is divided into four parts: The first part discusses the changing scope oftrademark protection by illustrating the scope of trademark protection which has expanded fromtraditional areas to a new area, combining with the regulation of other national and regionaltrademark protection scope expanded gradually, analyze how the scope of trademark protection canbe expanded. The second part analyzes the inevitability that sound trademark and scent trademarkarise, as well as the trademarks’ different meaning, functions and theoretical basis that never appearbefore from three aspects, referred to as changes in the structure, the economic function oftrademark, remarkable changes in theory of trademark. The third part must be based on the secondpart, because of the inevitable arising of the sound trademark and scent trademark, then what wehave to consider is how to bring them into the scope of protection, in this way, we must analysis thepremise of new trademark symbol for protection and investigate whether it can meet theseelements. The last part is to give my proposal on the sound trademark and scent trademark. On thebasis of the analysis in the previous paper, this article suggest that our country should bring sound marks into the scope of trademark protection, and list its own opinion on substantial elements andprocedural elements about sound trademark register. Scent marks do not have the conditions tobecome a trademark protected by the Trademark Law of China. It also analyzes the scenttrademark which is out of protection of the trademark law in the combination with other systems topursue a reasonable protection of the scent trademark.