The Research Of Single Color Trademark Registration

Color trademarks are divided into single color trademarks and color combination trademarks.Among them,color combination trademarks are inherently significant,and most countries in the world allow color combination trademark registration.China's relevant laws also stipulate that color combinations or combinations with other elements can be registered as trademarks.From a theoretical point of view,there are also different views on whether a single color trademark can be registered.Since a single color is inherently highly descriptive and does not identify the source of goods or services,saliency is a primary issue that hinders its registration as a trademark.In addition,due to the existence of color exhaustion theory and chromatic aberration confusion theory,as well as the functionality of color,it has become a reason to hinder its registration to a certain extent.Based on the relevant legal theory,this paper analyzes the registrability of single color trademarks in combination with domestic and foreign legislation and judicial practice.It is believed that with the improvement of technology level,the ability to use and identify colors is also improved.Get registration protection and get salience through use.This paper believes that a single color trademark should be protected by law.Other types of trademarks in the current legal system cannot replace the role of a single color trademark.At the same time,due to the economic and social development,the market economy entity also has a strong demand for a single color trademark.If you do not protect it,the legal rights of the corresponding subject are difficult to protect.In the discussion of this paper,firstly,the concept of single color trademark and the nature of law are elaborated.Secondly,the theoretical viewpoint of single color trademark registration is analyzed,and the theory against single color trademark registration is analyzed.Do theories,chromatic aberration confusion theory,functional theory,etc.Finally,based on the summary analysis of the legislative status of single color trademark registration in relevant countries and regions,combined with China's specific legislation and judicial practice,it puts forward specific suggestions for the legal adjustment of China's single color trademark registration:legislatively,it is recommended in China.The "Trademark Law" clearly includes the single color trademark into the registrable object,perfects the procedural rules,increases the content of the single color trademark review,and regulates the application form;in the judicial aspect,it is recommended to introduce the expert participation system in the single color trademark review.