非传统商标的法律保护.pdfVIP

Abstract As the times progress and society develop, great changes have occurred in the field of business activity. Trademarks, with no doubt, is one of the most important parts in the process of standing out of business activities in the rapidly developing commercial society. Trademarks is closely related to people’s life for the fact that everyone needs to purchase commodity and thus inevitably having connections with trademarks. Trademarks help consumers better identify the source of commodity and service while shopping, knowing the condition of the manufacturer or seller and then evaluate the commodity’s quality via trademarks. With the advancement of technology and application of high-tech methods, it is being more and more difficult for traditional trademark resources to keep pace with the times. When traditional trademarks fail to generate profits and values for manufacturers, new types of trademarks begin to increasingly grow, resulting with the formation of new trademarks. Traditional trademarks are now in the transition from visibility and static state to trademarks with palpability and in dynamic state, i.e.non-traditional trademarks. Discussion of this paper, which includes four parts, focuses on issues related to non-traditional trademarks. The first part introduces the basic theories of non-traditional trademarks and conclude the definition of non-traditional trademarks through the transfer from traditional trademarks to non-traditional ones; analyze non-traditional trademarks from the perspective of functionality and induce the types of non-traditional trademarks. Starting with the significance of protecting non-traditional trademarks, the second part formulates the necessity of protecting non-traditio