The importance of abolishing the conditions of graphic representation of the sign in the procedure of registration of non-traditional trademarks [PDF]
Traditional trademarks, such as words and images, have long been the dominant subject of trademark protection. However, the development of modern technology and new marketing methods have influenced the increase in applications for non-traditional trademark protection marks.
Lučić Sonja M.
openaire +2 more sources
Non-Traditional Trademarks [PDF]
Abstract This chapter provides a twenty-year retrospective on non-traditional trademarks, using the European Union, the United Kingdom, Singapore, Japan, and Australia as case studies. It presents findings from an empirical study on the application and registration of non-traditional marks in these jurisdictions from 1996 to present ...
Mitchell Adams, Amanda Scardamaglia
exaly +2 more sources
The Economics and Management of Non-Traditional Trademarks [PDF]
Abstract Economists have largely neglected the phenomenon of NTTMs and its consequences for society so far, partly because of their limited interest in the social returns of trademarks in general. After reviewing the handful of economic studies on this matter, I present a first systematic empirical analysis of the extent of NTTM ...
Carolina Castaldi, Castaldi Carolina
exaly +2 more sources
The legal protection of non-traditional trademarks under the legislation of Ukraine
The article is devoted to the analysis of the features of legal protection of non-traditional trademarks under the legislation of Ukraine. The relevance of the chosen topic lies primarily in the expansion of the range of intellectual property objects due to theemergence of a new type of means of individualization — non-traditional trademarks.
Mykhailo Chemisov
doaj +5 more sources
Protecting Non-Traditional Trademarks in China
Abstract Drawing on a series of cases that Hermès has litigated in China, the chapter discusses how transnational companies should tap into the potential of non-traditional trademarks to promote their businesses in China. Section I of the chapter provides an overview of the most important requirements for registering such trademarks ...
exaly +2 more sources
Issues of legal protection of non-traditional trademarks in Ukraine
The article examines issues of legal protection of non-traditional trademarks in Ukraine in the context of national legislation and international standards, in particular, the EU practice. The subject of the study is the legal regime governing positional, sound, olfactory, holographic, motion, and multimedia signs.
Mykhailo Chemisov
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A Comparative Study of Fashion and IP: Non-traditional Trademarks in Italy and Australia [PDF]
Fashion design is a significant creative industry and therefore the relevant settings of intellectual property law matter. This article focuses on a common law jurisdiction (Australia) with an emergent creative fashion industry and a civil law jurisdiction with a well-established industry dominated by global fashion houses (Italy).
William Van Caenegem +2 more
exaly +2 more sources
Hands Off “My” Colors, Patterns, and Shapes! How Non-Traditional Trademarks Promote Standardization and May Negatively Impact Creativity and Innovation [PDF]
Abstract This chapter criticizes the protection of non-traditional trademarks (NTTMs) by focusing on three specific examples from the fashion industry: Louboutin, Gucci, and Bottega Veneta. In particular, besides repeating that granting exclusive rights to NTTMs equates in foreclosing competitors and third parties from using any ...
exaly +3 more sources
A Comparative Analysis of Acquired Distinctiveness of Trademarks and Its Criteria in the Legal Systems of the United States, the European Union, and Iran [PDF]
Distinctiveness is a fundamental element of a protectable trademark, referring to its ability to differentiate goods and services of one person from those of others and indicate the source of origin.
Zahra Shakeri, Maryam Mehraban poorazar
doaj +1 more source
Since few decades ago, the use of traditional insignias on commercial products has been increasing, across the globe. In particular, the use of indigenous insignias on commercial products of non-indigenous origin is often in countries such as USA, Canada,
Tea Hasić, Ana Rački Marinković
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