Research On The Legal Protection Path Of Position Trademark

In modern information society,the competition between enterprises is intensifying,in the last decades,which make use of traditional trademark words,design elements such as way of narrative or description of goods have been unable to meet the needs of the development of enterprise,the operator to identify the identity of the goods but also has long been beyond the traditional factors of trademark,trademark of the world’s dominant position occupied by the audible and visible image era has arrived.However,non-traditional trademarks such as location trademarks can attract the attention of consumers in a more novel way,so they can play a more important role in the world of trademarks.In the aspect of legal protection,countries around the world have legislation to protect,by contrast,the process of our legal protection is slightly lagging,in the Christian louboutin red sole"state,our country related departments are not gives positive to the position of trademark protection,but position of trademark disputes become more and more,law blindly refusing to protect for the position of the brand development is very adverse.The "Sata" spray gun trademark and the "three stripes" trademark of Adidas,which were first applied for by the position trademark in China,were both regarded as the decorative part of goods during the trial.The court rejected the registration application of the parties on the grounds of lack of significance,and some courts even denied the existence of the position element of the "Sata" trademark.This "one-size-fits all" approach seriously dampened the enthusiasm of operators,but also indirectly damaged the rights and interests of consumers.On the other hand,although many Chinese scholars have begun to realize the importance of location trademark,the theoretical research is still in the early stage,and there is not a complete theoretical system.Therefore,in this paper,based on the location of trademark protection practice needs and the lack of relevant theories,from the perspective of the trademark law,other laws and regulations about the trademark in our country,think the position can trademark registration is the most important consideration standards should also be significant and non-functional,significant emphasis on trademark after use can play in consumer shopping source recognition,non-functional focus on research the existence of the trademark will not affect normal physical usage.Further from the two angles,the methods of comparative analysis,case analysis,analysis of the position of trademark inherent significance,significance,and the practical function,the functional,aesthetic thought in the context of the current law,position of trademark has the possibility of registration,and adopt the reasonable measure to position to judge the legitimacy of the trademark shall be registered in our country,it is concluded that location of trademark in significant and non-functional,can be registered.