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NON-TRADITIONAL TRADEMARK AND DESIGN PATENT STRATEGIES FOR MEDICAL DEVICES

2023 Design of Medical Devices Conference, 2023
Abstract This paper discusses non-traditional trademarks and design patents as essential Intellectual Property assets for medical device companies. The paper presents a strategy for layering the time-limited protection offered by design patents with the perpetual protection afforded to trademarks as an effective strategy for permanent ...
Steve Baird   +3 more
openaire   +1 more source

Protecting positioning innovations: the emergence of non-traditional trademark registrations

Marketing Letters, 2018
Firms need to protect their positioning innovations from copycatting and imitation by competition. However, there is limited insight into factors driving legal protection of positioning innovations. This research utilizes non-traditional trademark (NTT) registrations as indicators of protection of certain types of positioning innovations by firms and ...
Saurabh Mishra   +2 more
openaire   +1 more source

The Protection of Non-Traditional Trademarks

2018
Abstract During the last decades, non-traditional marks have found their way into trademark registers worldwide. Against this background, the time has come to take stock. Which law and practice has evolved with regard to these marks? How do trademark offices and courts address the wide variety of issues—ranging from legal-doctrinal to ...
openaire   +1 more source

The registration of non-traditional trademarks in China: a cautious approach

Queen Mary Journal of Intellectual Property, 2020
Traditionally, trademarks convey source information to consumers through the use of words, letters, or numerals. The types of signs that are nowadays considered as being capable of constituting a trademark have expanded beyond words or figurative devices.
openaire   +1 more source

Beyond Logos: Non-Traditional Trademarks and Their Legal Perspective

International Journal of Judicial Law
Trademarks have evolved beyond standard marks like names, logos, and symbols to include non-traditional forms such as colors, sounds, fragrances, shapes, and even motion. These marks, while unorthodox, have tremendous brand value and play an important role in modern marketing campaigns.
Anjali Shekhar, Nikhil Jain
openaire   +1 more source

Recognition of the Distinctiveness of Non-traditional Trademarks

Advances in Economics, Management and Political Sciences
Non-traditional trademarks have been developing rapidly since the 1990s, and have been accepted by many countries all over the world. But in the legislation and judicial practice, the recognition of the acquired distinctiveness of non-traditional trademarks is still rather confused.
openaire   +1 more source

Non-traditional trademarks as barriers to competition, innovation, and creativity: what if their protection could be effectively limited in practice?

2022
The protection of non-traditional trademarks ('NTTMs') should be, theoretically speaking, prohibited in some ways or, at least limited, especially the three-dimensional (3D) and colour marks and when these "signs" were previously or are concurrently protected as industrial designs.
openaire   +2 more sources

The International Registration of Non-traditional Trademarks: Compliance with the TRIPS Agreement and the Paris Convention

World Trade Review, 2016
AbstractContemporary international trademark law is subject to a dynamic process. As communication and marketing strategies steadily evolve, enterprises seek to develop non-traditional signs as trademarks in international trade. Since non-traditional trademarks have received broad protection among WTO Members, the international registration of non ...
openaire   +1 more source

Modern issues of non-traditional trademarks protection

Law Gazette of the Kuban State University, 2022
openaire   +1 more source

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