动态商标立法研究.docxVIP

Abstract to give a scientific definition of dynamic trademark, and summarize the essential characteristics of dynamic trademark, at the same time to introduce and analyze several representative theoretical dynamic trademark classification model. On the basis of the first portion, the second part further discusses the theoretical basis, necessity and feasibility of the dynamic trademark protection. Because of the dynamic trademark is not included into the scope of protection of the Trademark Law. Therefore, it is necessary to use the comparative analysis in the research process. It can provide useful lessons for the amendment of the Trademark Law by reference to international treaties and the legal provision issue of other countries and regions. The third part focuses on the relevant international treaties, law and existing instances of dynamic trademark protection of other countries and regions, tries to figure out the reference factors for the amendment of our Trademark Law. The fourth part mainly discusses the features and registration standard of dynamic trademark, which can be protected by the Trademark law. Trying to find out the commonality between dynamic trademark and traditional marks to remove obstacles for the dynamic marks can be protected by the Trademark Law. The last, on the theoretical foundation and legislative background of the first four parts discussed, summarizes and generalizes how to protect dynamic trademark by our Trademark Law, and puts forward some legislative proposals, and tries to find a scientific and rational protective mode of dynamic trademark. The author seems that dynamic trademark is a new type of trademark, which is unlike traditional forms of trademark and dependent on electronic media. In the era of the Internet economy, for the actual needs of commercial development and commercial activities, dynamic trademark, as a new type of trademark, should be protected with the traditional trademarks together by the Trademark Law. There