Research On The Distinctiveness Of The Non-traditional Trademarks

Traditionally, trademarks convey source and quality information to consumers through the use of brand names, logos, or symbols adorning goods and services.Today, however, trademarks appear in new and innovative contexts.Companies employ new branding techniques that utilize “non-traditional marks” such as three-dimensions,color, sound, and even scent to distinguish their products from competitors products and entice consumers. Businesses utilize these symbols not only as source sign, but as promises of reliability and quality. As companies expend resources,consumers readily recognize traditional trademarks such as brand names and logos as identifying the source and quality of goods and services. However, consumers may not readily acknowledge that a color, sound, or scent functions as a trademark, so,countries around the world have a larger different opinions on which kind of the non-traditional signal can be used as a trademark, the root causes of the difference is that how to identify the distinctiveness of non-traditional trademarks.When researching the distinctiveness of non-traditional trademarks, we can use the traditional trademark theory, the non-traditional trademarks also have the inherent distinctiveness and acquired distinctiveness. In the analysis of the inherent distinctiveness of nontraditional trademarks, we can research relevant countries and regions legislative status of the representative of the judicial case, such as Europe and the United States, to get the conclusion a non-traditional mark can possibly be considered inherently distinctive, the mark owner must make a showing of distinctiveness in order to register and enforce it. In the analysis of the acquired distinctiveness of non-traditional trademarks, whether the non-traditional trademark or the traditional trademark, it is needed to prove the existence of the "second meaning".Due to its characteristics of non conventional trademarks,we can know the distinctiveness identification through the studying the theories of the acquired distinctiveness in the United States and the European Union area, and combining with the characteristics of non-traditional trademarks.The research on the distinctiveness of nontraditional trademark in our country has just started, we should be improved the theory from two aspects: one is to recognize the non-traditional trademarks exist inherent distinctiveness, and establish the standards of non-traditional trademarks inherent distinctiveness identification; the two is to perfect the standards of the non conventional trademarks acquired distinctiveness.