Commercial Appearance Is To The Legal Analysis Of Visual Identification System

The author starts with the general concept of trade dress followed by a definition of trade dress to be discussed in this article. After describing the status quo of trade dress in the legal context, the author introduces the concept of visual identity from the perspective of commercial entities and then studies how to provide legal protection for visual identity held by commercial entities. The author further compares laws and regulations governing trade dress with those governing visual identity in such aspects as historical development and expression form. Based on such comparison, the author reaches a conclusion that the concept of trade dress actually generates from visual identity. Finally, the author makes some legislative and judicial recommendations for protection of trade dress.This article is structured as follows:The 1st chapter is focused on description, comparison and analysis. In this chapter, the author defines trade dress from such points of view:conception, classification, features, comparison with other rights, etc.The 2nd chapter is focused on current laws and regulations governing trade dress. In this chapter, the author introduces the elements consisting trade dress, describes trade dress in general and summarizes major international conventions governing trade dress.The 3rd chapter addresses issues relating to visual identity. In this chapter, the author introduces the history of visual identity and compares visual identity with trade dress.The 4th chapter introduces actions that may be taken by commercial entities to protect visual identity. In the three sections of this chapter, the author elaborates the methods available for commercial entities to maintain newly created and existing visual identities. Suggestions on how to protect newly created and existing visual identities before-hand as well as how to tackle with potential infringements are proposed.The 5th chapter studies the similarities and differences between trade dress and visual identity based on the comparison under the 2nd and 4th chapters. The author unravels the deep relation between trade dress and visual identity in this chapter.The 6th chapter concludes this article, in which the author makes some legislative and judicial recommendations for protection of trade dress.