Research On The Registrability Of Color Trademarks

With the rapid advancement of the science and technology and the booming development of the economy, traditional trademarks which consist of words, figures and other elements can no longer meet the demand of the modern economic activities, and therefore non-traditional trademarks including color trademarks have been adopted increasingly frequently. In comparison with the United States, the European Union and other advanced countries or regions, China’s legislation relating to color trademarks is rather backward and the protection level desperately needs to be enhanced.Color trademarks can be classified into two categories: color combination trademarks and single color trademarks. Though there are some distinctions between color trademarks and traditional trademarks which consist of words, figures and other elements, they can as well function as source indicators of goods or services and should be approved registration and protected as long as they meet the corresponding requirements.The structure and contents of this thesis are briefly summarized as follows: first, the author makes a general introduction to the meaning and the categories of color trademarks and a brief review on the current status of color trademark protection around the globe; next, the author discusses the definition of color trademarks and the determination of the scope of color trademark protection; then, the author makes a comprehensive analysis on the registrability of color trademarks from three respects — eligibility, distinctiveness and non-functionality; last, hoping to be conducive to China’s legislation and practice with respect to color trademarks in future, the author puts forward some suggestions on improving China’s color trademark regime in light of the existing legislative defects and the practical problems.