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Research On Non-traditional Trademark Law

Posted on:2015-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:R PanFull Text:PDF
GTID:2296330431496891Subject:Intellectual property law
Abstract/Summary:PDF Full Text Request
With the development of economic globalization, people contact with a lot of information every day.How enterprise make their goods or services attract the attention of consumers in the complex informationhas become the key of business competition. Its origin can be traced back to the ancient trading, peoplethrough the commodity brand, symbols to identify the producer or owner. In modern society, brand is theintangible assets of the enterprises. consumers identify the source of goods or services usually by trademark,in order to achieve the goods or services they required properties. With the development of marketcompetition intensifies and the technology, the traditional trademark is difficult to achieve functionalrecognition source business requirements, new trademark logo types have appeared in people’s life.Countries expand the types of protected by trademark in order to adapt to economic globalization.International treaties and international organizations have gradually accepted stereoscopic trademark,trademark protection, hearing trademark, trademark color taste and other non conventional trademarks thisyears。Trademarks are logo that the consumers identify the source of goods or services. Trademark law isprotecting some kind of identity, the key is that the mark is significant and non functional. There are moreand more people recognized now. There are many theoretical problems and technical difficulties because ofthe characteristics of its legislation on the protection of non conventional trademarks. Foreign scholars havestarted to study the problem of non conventional trademarks, specific analysis of different types, and gotthe corresponding solutions. More and more countries pay attention to the protection of non conventionaltrademarks.I systematic analysis of three-dimensional trademark, color, hearing, taste trademark and other nonconventional trademarks legal protection caused based on the USA, Germany, France, Japan and Taiwanregion legislation and practice investigation, in order to learn the various types of non conventionaltrademarks obtain trademark protection on the condition. And discuss non-traditional trademark applicationstandard of review in China. Our attitude to the legal protection of non conventional trademarks is clear.Compared with the traditional trademark, there are a lot of technical problems in the definition, graphical depiction, announcement retrieval. I stereoscopic law protection of non-traditional trademark issues todevelop appropriate standards of review. Many countries have established the legal protection ofintellectual property rights system, including legal protection of non conventional trademarks. Theprotection of non conventional trademarks can improve the domestic enterprise brand image, and canenhance the international competitiveness enterprises greatly in China.
Keywords/Search Tags:non-traditional trademarks, legal protection, and review criteria
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