A Study On Legal Protection Of Single Color Trademarks

This article mainly discussed about single color trademark in color trademarks,which means the trademark is only constituted with one color.This kind of trademark is queried because of its significance.The discommender think this kind of trademark only has the function of decoration so it cannot be registered as a trademark;someone think this may let the companies use up all the colors or let consumers have the confusion of each color;someone think this may violate the purpose of brand law.This article responded all these questions.lt used four cases to talk about the problem of this kind of trademark and then talked about our country's problem and foreign countries'problem.Then we talked about some problems such as color depletion and confusion of color.In this article,we think single color trademark should be protected by law because it cannot be replaced by other kinds of trademarks.A lot of single color trademarks has come out in this market,they are all very famous.Law system should protect their legal rights.Companies' ability of using colors are rising so colors will be more and more.Colors will not be used up if government is careful to register condition of it.Single color trademarks can get significance though it has the function of decoration. Four elements of foreign countries'experience has been discussed,the significance one,function one,procedure one and legal one.The significance is the most important one. This article think brand law should add this kind of new brand and make the register condition more clear and strict.At the same time law should have some limitation to this kind of new brand to keep a good competition order.Finally government should let specialists to check these new brands when companies apply it.