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Research on Acquire Distinctiveness of Trademark

Author: LiangJiaZuo
Tutor: KongXiangJun
School: East China University of Political Science
Course: Intellectual property rights
Keywords: Distinctiveness functionality advantage of competitive
CLC: D923.43
Type: Master's thesis
Year: 2013
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Abstract

As time goes by, market is becoming mature and descriptive marks areincreasingly favored. In fact, companies start to realize that descriptive marks moretend to reflect the nature of goods or services, although ther are not highly inherentdistinctive. Such descriptive nature can inspire consumers’ association, which wouldsave lots of cost for operators in early times of marketing and gain reputation for them.Compared to the various kinds of trademarks on the market which acquireddistinctiveness, China is lacking of registration system for marks that acquireddistinctiveness, which leads to many new market problesm. The reason behinds is thatthe criteria for determining acquired distinctiveness is far away from satisfactory andthe legislation for determining functionality of marks that acquired distinctiveness islacking. Considering the sophistication of acquired distinctiveness rules in theTrademark Law of the United States and the applicable rules developed in cases, weshould research and draw lessons from it. Hence, based on the research of problems inChina’s judicial practice, this paper proposes to learn from the rules concluded fromthe experience of the United States on acquired distinctiveness criteria. Morespecifically, the author proposes the following legislation: Guidance on Determining Acquired Distinctiveness in Trademark Registration, Consumer’s Questionnaire. Theauthor wishes to provide some reference for determination of markts with acquireddistinctiveness.Study is divided into three chapters. First of all, in the first chapter, the authorfirst proposed by significant problems in acquire distinctive trade mark registrationsystem, citing an empirical analysis of the case be more specific. Come to our countryat present in access to acquire distinctive Trademark Registration System is notcomprehensive enough, and in allowing registration of trademarks failed to take intoaccount functional factors of, in particular the effect of nonutility functions.Study isdivided into three chapters. First of all, in the first chapter, the author first proposedby significant problems in acquire distinctive trade mark registration system, citing anempirical analysis of the case be more specific. Come to our country at present inaccess to acquire distinctive Trademark Registration System is not comprehensiveenough, and in allowing registration of trademarks failed to take into accountfunctional factors of, in particular the effect of nonutility functions.Secondly, in the second chapter, the author based on the idea of the first chapter,acquire distinctive trademark registration system to the United States conducted a fullinvestigation. In found identify access to distinctiveness, the United States General isfrom identify Use way, and advertising publicity, and the industry operators use, andbusiness evidence and consumers evidence angle investigation, which consumersinvestigation report is the United States court found it as the basis, operators toidentify use behavior itself to access to distinctive and no decisive role, up to decisiverole is these behavior in consumers mind in the produce effect, these effect set reflectconsumers investigation report.Chapter start with the status of current legislation in China.Analysis ofadvantages and disadvantages of the acquire distinctive trademark system in China.Raised acquire distinctive trade mark registration review Guide (recommended), andthe consumer questionnaire (recommended).In order to give some useful referencefor China’s growing reviews.

Research on Acquire Distinctiveness of Trademark

Abstract

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