Research On The Registrability Of Single Color Trademarks

With the continuous development of the economic society, and the everupdating of the scientific and technological level, the connotation of the trademark,has been consequently extending. From the appearance of trademark, we couldobserve that the trademark has gradually jumped from one shape to another. Forexample, it is from two dimensions to three dimensions, from a visual existence to anauditory or an olfactory existence, from the adhesion in a tangible product to theutilization in an intangible service. During this revolution, a great metamorphosis hasbeen occurred in the traditional two-dimension trademark in this historical baptism.Business operating entities are getting more willing to devoting money and time inorder to develop their trademarks, and trying their best to select the mark withmatches their own products and further development of their entities. To meet thistrend, some new types trademarks composed of special components have occurred,such as color trademark.Color trademark, could be divided into singer color mark and color combinationmark. Color combination mark has been clearly protected by laws in most countries.However, there is still dispute on the protection of singer color mark. First, the colorper se is descriptive, which does not have the capacity to distinguish the source ofgoods or service. Second, color depletion and shade confusion theory. With thesequestions, taking international treaties and laws of other countries into consideration, this paper will discuss the requirements of singer color registration, and makelegislative proposals about singer color mark protection. There are three chaptersexpounding on this issue.In Chapter one, the theoretical foundation of the protection of singer color markwill be demonstrated. The statement begins with the discussion about color depletionand shade confusion theory, which were rejected for drawbacks. Following theintroduction of the international conventions and treaties related to singer color mark,concluding the legal feasibility of singer color mark protection.In Chapter two, the registrability of singer color mark will be discussed. On onehand I concern about whether a single color can be capable of distinguishing as atrademark. On the other hand I reflect on the question if a distinguished single colorcan definitely be registered or in which conditions a single color trademark can beregistered. The functionality is the key factor that hinders the singer color registered,which includes utilitarian functionality and aesthetic functionality. Besides, I discusswhether the protection standard of singer color mark in the fashion industry isdifferent from the other industries, which is the same.In Chapter three, concerning the current protection situation of singer color markin China, the possibility and necessity of registration of singer color mark is analyzed.The acquire distinctiveness is the requirement for singer color mark registration. Andseveral suggestions will be raised in order to improve the legislation related to singercolor mark protection. And hopefully in the future, these suggestions could help toadd the singer color mark into the protection extent of Trademark Law of P. R.C.,and therefore the protection of trademark in China could get enhanced.