Legal Protect Of Location Trade Mark

The greatest function of a trademark depend on its significant.As a mark,if it have the function that can desperate its commodity or service from others,in theory,the mark get the possibility to be a trademark.“Position Mark”is a concept based on that possibility,and compare to traditional trade mark,like image and so on,a position mark is belongs to un-traditional trade mark.The global economic is developing more and more fast in diversity.Under the background,more and more countries around the world attach importance to the protection of trademarks.TRIPS on the protection of the type of trademark to adopt the principle of open and applicable.The Singapore Treaty on Trademark Law is to encourage countries to protect and register non-traditional trademarks.In this environment,Europe and the United States and other intellectual property rights have the position of the trademark as a registered trademark to be protected.China's neighboring countries from the beginning of this century began in the judicial practice began to recognize the status of the position of the trademark,and South Korea on December 20,2012 through the decision of the Grand Court,the official trademark protection system in Korea introduced the position of the trademark Registration system.In contrast,although China's judicial practice has begun to appear on the position of trademark registration and protection of the actual case,but not only in the institutional level of the lack of relevant legal regulation,position and trademark protection and registration system for theoretical research is relatively small The In this paper,based on the study of the relevant theory of position trademark and the application of trademark system in other countries,this paper puts forward some suggestions on how to protect the position trademark in view of China's current situation.This paper is divided into the following four parts:In the first part,the concept,type,function and content of the 9 position mark are summarized.This paper proposes the definition of position markings:the use of fixed-size,in a particular commodity or service place to use,so as to have the ability to distinguish the function of goods or service source logo known as the position of the trademark.In the second part,the practice experience of position trademark protection is analyzed and analyzed.Based on the international regulations represented by TRIPS and the practice of trademark protection system in developed countries such as the European Union and the United States,this paper argues that the protection of position marks already has practical experience,thus emphasizing the feasibility and necessity of protecting the position mark TheThe third part analyzes the audit requirements of the trademark protection of position trademark.position of the trademark can be protected by law,but with the characteristics of the trademark is not enough,but also with the trademark function,only the audit object to meet the audit requirements can be identified as the position of the trademark and then to protect.Based on the research of the first two parts and the analysis of the significant and descriptive elements of the trademark review,it is concluded that the position mark usually does not have the inherent significance,but it can be used to obtain the significance analysis conclusion.And through specific cases,put forward for the position of trademark review of some of the rules.In the fourth part,firstly,the author analyzes the shortcomings of the protection of the position mark in our country,and puts forward the idea and some suggestions of protecting the position trademark based on the previous research contents.