Study On Legal Issues Of Position Marks

Along with the development of modern trade mark, the emergence of non-traditional trademarks has broken the traditional pattern of trademark. As a kind of non-traditional trademarks, the position mark is gradually entering the public's view, and appearing correspond practice cases in the EU and other countries. Domestic concern about the position mark is beginning with the case of Adidas's three bars, but the legal protection of the position mark is still not available. However, the sound trademark has been provided in the new Trademark Law in 2013 as a new type of trademark, which indicates that China has begun to pay more attention to the protection of non-traditional trademarks. This article is located in the latest case of a rejection of position mark from EU and divided into five chapters to introduce the registration of position mark and other related legal issues, which proposes suggestions for the domestic legal protection of position mark:The first chapter mainly introduces the background of the position mark and the case of Button in ear in EU, through which leads to the subject of position mark;The second chapter discusses the basic concept of the position mark and analyses the elements and application of the position mark. It focuses on the difference between the position mark and other similar intellectual property right, and puts forward the definition of the position mark;The third chapter uses the comparative study method. First, it lists the regulations about position mark in international treaties and some other countries as well as regions and indicates the current legal protection of position mark. Then puts forward the theoretical basis and practical basis for the protection of position mark;As the core of this article, the fourth chapter mainly introduces the conditions of registration of position mark. The essential condition includes not only the judgment of significance, function and the approximation, but also the procedural conditions, which provides legislative proposals for the registration of position mark;In the last chapter, the paper mainly discusses the legislation thinking of the position mark in China and expounds the legislation and registration procedure, which leads to construct a relatively perfect protection system.