Research On Legal Protection Of Motion Mark

On March28th,2006, the World Intellectual Property Organization amended“Signature of the Singapore Treaty on the Law of Trademarks” and subsumedhologram mark, motion mark, place mark, scent mark, color mark. It amends that atrademark shall be distinctive for relevant consumer goods or services. Also,customers should be able to recognize it as identification for goods or services and todifferentiate such goods or services from others.Recently, development of industry and commerce and technology of computer,the computer to each kind of media handling ability greatly increases, internet startingand popularization. Designer uses the computer animation manufacture advertisement,design, even products’ mark that motion mark becomes new subject. Motion mark isan object visional and sighted combining action, like TV or movie, which shall bedistinctive for relevant consumer goods or services, so author accounts for researchinterest. Motion mark is a result of the development of science and technology.Motion mark has unique charm with its "dynamic", caused a widely attention in theinternational society.In chapter one of this paper, I analyzed the difference between traditional andnon-traditional trademarks. Non-traditional trademarks are a result of the developmentof science and technology. It’s different from the traditional trademark, which makeswords and plane figures as the leading character. Non-traditional trademarks’components include three-dimensional symbol, voice, smell, taste, touch, motion, etc. Motion trademark is one of types of non-traditional trademarks. but different scholarshave different views about its definition. I analyzed the definition of trademark andthe definition of motion, and finally I defined what motion marks were and classifiedit and analyzed what characteristics motion marks had. After all, I analyzed thenecessity of legal protection for motion marks.In chapter tow I introduced the legislation situation of motion marks in the world,including international treaties, countries and regions, and presented some typicalmotion marks in European Union and United States. Although there are not manycountries accepting motion marks expressly in the law, but the number is increasing.In chapter three, I analyzed the distinctiveness of motion marks. No mattertraditional trademarks or non-traditional trademarks, both must have thedistinctiveness for registering. The distinctiveness includes inherent distinctiveness,and no distinctiveness before but acquired distinctiveness after with "secondmeaning" for use, and non-functionality. To judge whether a motion mark hasdistinctiveness, the awareness degree of consumers and the way of the mark usingshould be considered. Through the analysis of the case--Lamborghini motion mark,motion marks also must have distinctiveness.In chapter four I analyzed the discussion relationship between motion mark andthe Copyright Law. Finally, I puts forward some legislative proposals with theanalysis of the current legislation situation of Trademark Law and the analysis of themeanings of protection for China.The textual innovation point lies in research object. Research on motion mark isvery few. Large amounts of material, including WIPO SCT documents, the files abouttrademark registration of European Union and United States, and cases of motionmark found in CTM and TESS system, were summarized, collated and discussed.