英文摘要 |
Since non-traditional trademarks have not been widely accepted for protection by WTO Members, the registration issues of non-traditional trademarks from the international treaty obligations perspective are crucially important. With the brief introduction to the new category of trademarks? this article first discusses whether non-traditional signs can constitute trademarks by analyzing the trademark definition stipulated in Article 15. 1 of TRIPs Agreement, and introduces the current status of legal protection afforded to non-traditional trademark in domestic laws of WTO Members. Through penetrating analysis of Article 6 and Article 6. 5 of Paris Convention? this article then addresses the significance of original form registration principle in relation to the international registration of non-traditional trademarks. In the conclusion, international obligation to protect non-traditional trademarks of China will be analyzed and strategical suggestions for competent authorities will be given. |