Recognition of the Distinctiveness of Non-traditional Trademarks

Abstract

Non-traditional trademarks have been developing rapidly since the 1990s, and have been accepted by many countries all over the world. But in the legislation and judicial practice, the recognition of the acquired distinctiveness of non-traditional trademarks is still rather confused. Through literature review and qualitative analysis, this paper analyzes the basic theory of the recognition of the distinctiveness of non-traditional trademarks from the definition of non-traditional trademarks, the standards for the recognition of the distinctiveness of trademarks, and the particularity of the recognition of the distinctiveness of non-traditional trademarks. This paper also summarizes the relevant provisions of the determination of non-traditional trademark distinctiveness, and puts forward suggestions for the improvement of the rules for the determination of non-traditional trademark distinctiveness, including increasing the forms of evidence recognized by the relevant public, attaching importance to the objective environmental evidence for the use of trademarks by relevant operators and Clarification of Limitations on Acquired Distinctiveness for Non-traditional Marks.