Examination of Non-Traditional Trademark Application-A Comparative Study

• Main Authors: Yi-Tung Hsieh, 謝宜彤
• Other Authors: Fa-Chang Cheng
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/36037221545604794934

碩士 === 國立高雄第一科技大學 === 科技法律研究所 === 103 === Because increasingly competitive international business, three-dimensional marks gradually become a popular marketing tactics, so there are a lot of stores in recent years to try to develop more three-dimensional mark, such as a special smell, impressive interior design, distinctive packaging. Some restaurants began to release the fragrance in the store, such as the release of the smell of bread in the bakery, or release the smell of chocolate in the supermarkets, so how to prevent new types of trademark infringement will become a problem. Taiwan since developed a non-traditional marks, as long as the non-traditional marks may be source of the public to identify the goods, all can apply for registration by trademark law and thus protected. This amendment changed the previous limitations for non-traditional marks, and open up more opportunities to the public, which means that Taiwan and the international norms for non-traditional marks gradually standards, but whether this law has been developed to improve? Taiwan is the statute countries, although we has non-traditional trademark law, but with very few application and related litigation cases , so there are many non-traditional marks owned still waiting to see, and did not apply. Whether with or without opening the door to non-traditional marks, or is it opens the door, but no one to turn to find a way to make the business door, These issues will explore in this article, the article will refer foreign countries such as the United States, which has been the development of non-State-traditional marks for a long time , Taiwan should look at how to provide it, and how to prove our non-traditional trademark law to increase international competition environment in Taiwan''s non-traditional marks. Taiwan currently lacks some of the more specific provisions of non-traditional trademarks, such as smell, touch and other trademarks, how to develop, upgrading laws and how to respond to new types of non-traditional marks, are the focus of this article discusses.Finally, I would recommend at the end of the text.