| Summary: | 碩士 === 國立臺北科技大學 === 智慧財產權研究所 === 105 === In recent years, trademarks turn into the brand that have commercial value. Colours
can stimulate association and feelings of the consumer to the trademark, trigger the senses,
and convey a specific message immediately. So that consumers do not have to read fonts
intently, because when they see the colour, they can just know the goods or services are
from the specific enterprise. Therefore, enterprises can enhance the overall value of the
business by manage and invest colour trademark. In current, the related judicial practice in
Taiwan is still hold a conservative attitude about registration of single colour trademark,and interpretation and application of Non-traditional trademark examination is the same.
Lead to the registration of single colour trademark is very difficult. However, this situation
is contrary to the purpose of trademark development in Taiwan of seeks to comply with the
international trend to set up single colour trademark can registration. Therefore, this study
attempts to clarify the interpretation, application, and legal basis of trademark distinctness
in different single colour trademark decisions which held by EU and Taiwan 's judicial
practice through analyze judgments and cases of single colour trademark that made under
the colour trademark legal system and judicial practice of EU and Taiwan. Then, examine
whether the present judging way of single colour trademark of Taiwan is appropriate, and
the protection of single colour trademark can achieve balance between the trademarks
rights holders and the public interest, and in line with the purposes of Trademark Law, that
to promote the normal development of industrial and commercial. Finally, made some
comparison and reflection about relevant legal system and judicial practice of single colour
trademark distinctness in EU and Taiwan.
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