On The Possibility Of Registration And Examination Standards Of Position Marks In China

In recent years,there have been more and more applications for position marks in China.However,applicants have encountered many problems in the registration process.So far,no position marks have been registered.There are four legal issues affecting the registration of position marks.First,the Trademark Office,the Trademark Re.view and Adjudication Board and the courts have different opinions on whether the position marks are registerable.Second,Trademark Office,Trademark Review and adjudication Board and Court misidentified mark.Third,the distinctiveness of the position marks is difficult to identify.Fourth,examination of function and similarity has not been involved.Therefore,this paper analyzes the basic theory of position marks.This paper also analyzes international treaties,EU and Japan's legislation on position marks.The judicial practice of EU and Japan is also studied.Therefore,this paper draws four conclusions.First,it is necessary to add position mark to trademark law.Second,it is necessary to add formal examination of patterns and descriptions of position marks to Standards for Trademark Examination and Adjudication.Third,decorativeness does not affect the registration of position marks.The position also needs to be considered.Distinctiveness should be determined based on prior use and evidence of acquired distinctiveness.Last,it is necessary to add function and similarity examination of position marks to Standards for Trademark Examination and Adjudication.