Research On Registrable Trade Dress

After trade dress enters people's field of vision in the form of packaging and decoration,it's stipulated to be protected in Anti-Unfair Competition Law.The academia have also corrected the improper provisions of packaging and decoration constantly.The newly revised Article 6 of Anti-Unfair Competition Law has improved the loopholes to a certain extent,but still problematical while Article 8 of Trademark Act disconnected.With the market developed,the richness of trade dress also increases,it's necessary to treat the relationship between trade dress and trademarks with a higher level of commercial logos,strengthen the connection of two articles.It's divided into the following parts to demonstrate:The first is to interpret the registration of the trade dress,meanwhile define the essence of the it and the connotation of the registration.Secondly,the comprehensive case analysis method,comparative analysis method and others are used to analyze the different forms of trade dress in departmental law.Based on specific cases,classified analysis the problems of the high threshold of Trademark Act and the ambiguous positioning of Anti-Unfair Competition Law.Once again,the protection path of trade dress is divided into two types: passive and active protection,while distinguishing between unregistered and registered trade dress,and inquiry different protection mechanisms of unregistered and registered trade dress through extraterritorial experience.According to it,unregistered trade dress adopts prohibitive protection and registered adopts proprietary one.Finally,clarify the significance of the registration,and demonstrate the basis of the registration of trade dress,focusing on Trademark Act but don't abstain the protection path of Anti-Unfair Competition Law to improve country's trade dress system,to strengthen the connection degree of trade dress provisions.By establishing registration framework to provide a more complete remedy for trade dress owners.