Position Mark Registrability Research

With the continuous deepening of economic globalization and increasingly fierce commercial competition,the types of trademarks are also developing dynamically.Their connotations and forms of expression have been gradually enriched in development and changes.The existing pattern of trademarks has also been broken by non-traditional trademarks.With the promulgation of the Singapore Treaty on the Law of Trademarks,non-traditional trademarks represented by location trademarks have entered the international arena.As new practices have emerged in the application of registration protection for location trademarks in the European Union and other countries and regions,the new concept of location trademarks caused extensive and intense discussion.As a non-traditional trademark,Location trademarks,in recent years have also caused widespread concern in academic and practical circles in China,and therefore entered the public's vision.Compared with Germany and other countries,our country's current laws have not regulated positional trademarks,and theoretical research is not sufficient.However,with the large number of disputed trademark registration cases that have emerged in the judicial practice in recent years,the academic arguments arisen cannot be ignored.Due to the uniqueness of location trademarks,their registration procedure has always been pending issues.Although the “Singapore Treaty on the Law of Trademarks” and its detailed implementation rules exemplify the requirements for the registration of location trademarks,they are based on the different provisions of national trademark laws.This standard cannot be universally adopted and must be "according to local conditions".The discussion of location trademarks in China mainly focuses on the category of location trademark,whether logos of location trademark are distinctive,whether the current Chinese trademark law provides protection,and the differing ideas in the process of hearing location trademark registrations caused by different interpretations of the relevant provisions in current law.All these problems require us to analyze and solve them seriously.This thesis starts with the basic concept of location trademarks,then analyzes and summarizes the status of the protection of location trademarks in China,demonstrates theoretical basis for their registration,and by comparing the relevant conditions of other countries and regions,sorts out the feasibility of China's registration,and proposes corresponding judicial advice after making in-depth analyses of its registration requirements.First of all,based on the study of the unofficial definition of the concept of location trademarks at home and abroad,the definition of location trademarks is defined by analyzing the types and categories of use of the location trademarks.And on this basis,the status of the legislation and jurisprudence of locationtrademarks in China is analyzed.Then,the Japanese regulations on location trademarks are elaborated and their comparison with the “color combination trademarks” in China is represented as well.Secondly,from the legislative purpose of trademark law,the theoretical basis for the registration of location trademarks is analyzed.Analysis and research on relevant legislation and judicial practice in EU,the United States,Japan and other countries and regions are conducted to further seek support points for the registration protection of location trademarks.Thirdly,this thesis summarizes the requirements for the registration of location trademarks in relevant cases at home and abroad and analyzes the possibility of registration in terms of material and formal elements.Finally,it presents the feasibility of registration of location trademarks,analyzes the conditions of the registration examination of location trademarks,and puts forward feasible judicial advice in light of China's actual national conditions.