The International Registration of Non-traditional Trademarks: Compliance with the TRIPS Agreement and the Paris Convention

Abstract

AbstractContemporary international trademark law is subject to a dynamic process. As communication and marketing strategies steadily evolve, enterprises seek to develop non-traditional signs as trademarks in international trade. Since non-traditional trademarks have received broad protection among WTO Members, the international registration of non-traditional trademarks has raised certain questions. This article focuses on issues of the registration of non-traditional trademarks from an international perspective. With a brief introduction to the new category of trademarks, Section 2 discusses whether non-traditional signs can constitute trademarks by analyzing the trademark definition that is stipulated in Article 15.1 of the TRIPS Agreement and introduces the current status of the legal protection afforded to non-traditional trademarks under the domestic trademark legislations in WTO Member states. Section 3 presents an in-depth analysis of Article 6quinquies of the Paris Convention and aims to address the significance of Article 6quinquies with regard to the international registration of non-traditional trademarks by comparing the essential difference between the two modes of international registration of trademarks. The conclusion provides strategical suggestions and practical guidance for both trademark applicants and competent authorities of WTO Members.