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Trademark’s Distinctiveness Studies

Author: YangFang
Tutor: MaYongShuang
School: Hebei University
Course: Civil and Commercial Law
Keywords: Trademark’s distinctiveness Secondary meaning Degenerate Brand
CLC: D923.43
Type: Master's thesis
Year: 2008
Downloads: 66
Quote: 1
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Abstract


Trademark’s distinctiveness is the soul of trademark, and it is also the core of Trademark law. It is the premise and basis that the function of trademark can be come true and the trademark acquires legal protection. In reality, it also determines that the trademark strategy of enterprise carries out smoothly or not. Trademark already becomes the magic weapon for modern enterprises to win during commercial war. In the train of it, there has been a gradual increase in the amounts of trademark application. But it is 36 months for a trademark from application to registration. This is not only beneficial for saving administrative cost, but also for satisfying the need of convenience and rapidness of commercial. At the same time, the cause why the proportion of being rejected to register to the trademark applied in the amounts is higher is not clear, which causes the same things and causes the wastage for resource of judicature, administrative and enterprise. That is because the standard of trademark’s distinctiveness judgment is not objective and is not easy to execute. It is disaccording on the realization of the standard of trademark’s distinctiveness judgment among the trademark judgment and enterprise. Furthermore, enterprises are also easy to run after short period profit brought along by trademark blindly and to ignore the sustainable development of trademark in the process of the trademark choosing and using. Thereby, causing the trademark’s distinctiveness degeneration or conflicting with others on right.Trademark’s distinctiveness will increase or decline with the time goes on. The standard of trademark’s distinctiveness judgment will be.different with the development of cultural, economic and society. Therefore, it is necessary for us to study on the connotation of trademark’s distinctiveness further more, so as to providing the more scientific theory basis for the judgment of the trademark’s distinctiveness. And, it is also need to develop the trademark judgment procedure and keep the standard of trademark’s distinctiveness judgment consistent. We need to analyze the creation, development and degeneration of trademark’s distinctiveness during the process that enterprise chooses and use the trademark. In a word, to analyze trademark and it’s distinctiveness during the developable process in law and economy angle, so as to find the way how to keep trademark’s distinctiveness efficiently. Thus has significant legal and economy meaning.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Trademark law
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