Legal Protection Of Scent Trademarks In China

With the increasing innovation of science and technology,the demand for the economic market is also increasing,and the competition between companies has become increasingly fierce.The company's operators are not satisfied with the economic activities through traditional trademarks such as texts and graphics.Trademarks such as the use of non-visible marks such as sound and smell have become the next position for international brand operations.Corporate competition in modern society is the competition of brands.In order to establish a foothold in the international market,Chinese companies must have an innovative spirit,meet new things with an open attitude,and even actively develop and create new things.Finally,a group of Chinese famous brand products that are competitive and leading in related industries will be formed.Increasing the investment in scent trademarks will help Chinese companies to participate in international market competition.However,due to the lack of research on scent trademarks in China and the previous technical difficulties,the trademark law did not increase scent trademarks when it was modified several times.scent trademarks have advantages that other trademarks cannot match,and more and more R&D companies have emerged in business practice.In recent years,the breakthrough in science and technology has opened up a new situation for the expression and spread of scent trademarks.The law should also advance with the times and establish the protection of scent trademarks.This thesis uses a variety of analytical methods such as empirical analysis,comparative research,normative analysis,sociology of law analysis,and law and economics analysis.It examines in detail the legislative provisions and judicial practices of foreign scent trademarks,and summarizes the foreign experience.Then,based on the domestic judicial environment and market environment,the legal protection of scent trademarks is proposed.This full thesis is divided into six parts.The first part briefly combs the basic concept of the scent trademark.scent trademarks,also known as olfactory trademarks,refer to odour labels that identify products from different operators.It has four characteristics,namely,the identification mark is odor,the recognition intensity is extreme,the scent trademarks are confused with other trademarks,and it is not easy to be a universal mark.According to the relationship between the odor and the product it guides,the scent trademark can be divided into three types: main scent trademark,secondary scent trademark and unique scent trademark.The second part elaborates on the necessity of legal protection of scent trademarks in China,which are discussed from the perspectives of the special advantages of scent trademarks,the need of market competition and the demand of social order.The scent itself is rich in quantity,and the spread is unstoppable,which can also increase the imagination space of consumers.Consumers have a higher perception and durability of scent marks.Scent trademarks have more significant market competitiveness.The protection of the scent trademark by the law is not only the affirmation of the value of the scent trademark,but also the adaptation to the development of the social economy and the maintenance of the social order.The third part analyzes the feasibility of the legal protection of scent trademarks in China from the technical and economic aspects.Some companies at home and abroad have introduced digital products with odors,and it is economically beneficial to provide legal protection for scent trademarks.The fourth part objectively introduces the current major obstacles,the expression of odor,the exhaustion of odor and the confusion of odor.Since most people don't know much about scent trademarks,this article objectively presents the main doubts that exist,and then discusses and interprets them one by one.The fifth part is an examination of international conventions and extraterritorial countries.It is understood that the basis of legal protection of scented trademarks is mainly the Agreement on Trade-Related Aspects of Intellectual Property Rights and the Singapore Treaty on the Law of Trademarks.Specifically,the United States and the European Union are targeted for detailed analysis of legislative provisions,judicial cases,and review standards,so as to compare the experience of legal protection of foreign scent trademarks.The sixth part proposes that the next revision of China's trademark law will increase the scent trademark and improve the supporting regulations.It also summarizes the conditions for the legal protection of odor trademarks in China,which must meet the procedural requirements of expressibility and four Substantial requirements: legality,non-functionality,significance,and priorness.