Research On The Legal Protection Of Position Trademarks

With the rapid development of society, the function of trademarks becomes moreand more diversity, the basic task of trademarks is all along to keep or acquire itssignificance to differ from other products. Position mark is a new conception, and itbelongs to non-conventional trademarks. Compared with the conventional trademark,it is necessary to protect position marks.The position mark is a mark which needs to be placed in the same position and inconstant proportion on the product in order to be distinctive, and it is a visibility signwhich is capable of distinguishing the goods or services of one undertaking fromthose of others undertakings. In our county, for now, trademark registration can onlybe applied in accordance with article8of the trademark law. It is not yet possible foran application to be registered as a position mark. However, position marks havebegun to be protected abroad. Position mark is comparable to the nominative andfigurative trademark and there is no specific exigency required in relation to thedistinctiveness. That’s why a sign represented on a product or on a part of a productcould not be refused from registration because a lack of distinctiveness in itself. Thesecondary meaning is, as we have just seen, the only possibility for a sign without anyintrinsically distinctiveness, to acquire it. However, this position of a sign by its proprietor as a trademark is not without consequences on the scope of protection ofthe mark.This essay aims to explain what the position mark is and which the specificitiesfor its protection are. In other words, the subject should answer the question to knowwhether the "position mark" is a category of signs eligible for trade mark protection.Obviously, the answer is positive and with this postulate we are going to confirm itand to study if this category of trademark requires different standards of examinationand different scope of protection.