Study on the Basic Theories of Trademark Law by Psychological Analysis
|Course||Civil and Commercial Law|
|Keywords||Trademark Psychology Distinctiveness Confusion Loss of Distinctiveness Rights of Trademarks|
Psychological analysis on basic concepts of Trademark Laws, this thesis will discussthe fundamental theories, core concepts such as the definition of trademark,distinctiveness and acquired distinctiveness by applying the Psychological principles.Analyzing trademark laws and its theories from the perspective of Psychology overcomesthe traditional practice of limiting research from Economics and Management, thus bringscreativities in research trademark laws. Analysis in this thesis is not only theoretic but alsopractical. Real cases will be analyzed to explain the real substance of trademark-lastingmemories of information contained in trademarks. The application of Psychologicalprinciples in researching trademark laws, brings new energies to the research.Besides the Introductory and the Conclusion, there are four chapters in this thesis:There are two sections in the second Chapter. Section1interprets the definition oftrademark and forms a solid foundation for further discussion. Section2analyzes thesubstance of trademark, and points out that the substance of trademark is lasting memoriesof information contained in trademarks. The third Chapter focuses on distinctiveness oftrademark. The thesis analyzes distinctiveness of trademark from the perspective ofPsychology, and clarifies the definition of distinctiveness accordingly. The fourth Chapteranalyzes trademark infringements, mainly the possibility of confusion, blending ofdifferent trademarks and loss of distinctiveness and further forms suggestive ideas on howto improve the trademark laws.