Position mark – an emerging trademark form in China

In the increasingly competitive market, trademarks, as the core identification of corporate brands, are of paramount importance. However, with the continuous expansion of trademark categories, position trademarks, as an emerging form of trademark, have gradually attracted widespread attention in the industry.

So, what is a position trademark? As the name suggests, it refers to the three-dimensional shape, pattern, color, and their combination of a specific part of a product, which distinguishes the provider of goods or services through these elements. In short, it is not just a flat sign but a unique and recognizable trademark form that combines the three-dimensional shape of the product with visual elements of a specific position.

Position trademarks have their unique characteristics, so let's understand the features of position trademarks:

l  Three-dimensionality: The most notable feature of position trademarks is their three-dimensionality. It is not just a flat graphic or text but combines the three-dimensional shape and positional characteristics of the product.

l  Position specificity: Position trademarks emphasize the design of a specific part of the product, which is often closely related to the product's function, use, or appearance, having high specificity and recognizability.

l  Combination diversity: Position trademarks can be composed of various elements such as three-dimensional shapes, patterns, and colors. This diversity makes them more expressive and creative.

l  Legal protection difficulty: Since China's "Trademark Law" has not yet made specific provisions for position trademarks, their legal protection is relatively difficult. It requires registration protection through other types of trademarks (such as three-dimensional trademarks, graphic trademarks, color trademarks, or combination trademarks).

So, how do we protect position trademarks?

Although China's "Trademark Law" has not directly mentioned position trademarks, enterprises can indirectly protect position trademarks by registering the key elements in position trademarks (such as three-dimensional shapes, patterns, colors, etc.) as three-dimensional trademarks, graphic trademarks, color trademarks, or combination trademarks. Enterprises can use the Kangxin IP Platform (https://eservice.kangxin.com) to conduct comprehensive searches for target trademarks to avoid conflicts with registered or pending trademarks. The Kangxin IP Platform also supports the online submission of trademark registration applications, greatly improving registration efficiency.

Sign confidentiality agreements: When cooperating with partners such as suppliers and distributors, sign confidentiality agreements to clarify the obligations and responsibilities of both parties in protecting position trademarks.

Strengthen internal management: Establish sound internal management systems to ensure that there are no leaks or abuses in the design, use, and management of position trademarks.

Position trademarks, as an emerging form of trademark, provide new ideas and methods for corporate brand protection with their unique three-dimensionality and position specificity. However, the protection of position trademarks is not achieved overnight. It requires enterprises to have a high level of brand awareness and keen market insight, while also needing to formulate and implement comprehensive protection strategies.

Let us look forward to the day when position trademarks can become an important tool for corporate brand protection, providing strong legal guarantees and support for the development and growth of enterprises.