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China: Design Patents and the Metaverse

IP Tech Blog

Fashion brands, artists and entertainers, among others, have started focusing on producing digital work that is revolutionizing the way we perceive art, through the creation of NFTs and commodities. Are they protectable by design patents? In China, a GUI alone cannot be registered as a design patent. Article 2.4

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China: Design Patents and the Metaverse

LexBlog IP

Fashion brands, artists and entertainers, among others, have started focusing on producing digital work that is revolutionizing the way we perceive art, through the creation of NFTs and commodities. Are they protectable by design patents? Other countries are lagging behind. Overview of current legislation in China. Article 2.4

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Can A Single Colour Mark Acquire Registration In India?

IP and Legal Filings

2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.

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Italian Supreme Court refers questions to CJEU on conflicts between GIs and trade marks

The IPKat

The dispute concerned the geographical indication "Salaparuta" for Sicilian wine, which received protection in Italy in 2006, and then was registered as a Protected Designation of Origin (PDO) by the European Commission in 2009. The wine brand had been around since the nineteenth century but changed ownership a few times. Article 14.3

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Branding – Uniqueness and Fame

azrights

There are two drivers of brand asset strength: uniqueness and fame. For example, when you see the swoosh logo of the Nike brand you know it represents Nike even though it may be featured on its own with no name accompanying it. If an asset is less famous, it is more likely to be mistakenly attributed to a competitor’s brand.

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Chanel is reminded: trademark territoriality still matters

The IPKat

Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products.

Trademark 138
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Is it bad faith to “pay homage” to a fashion brand of the past? Not necessarily, says the EU General Court

The IPKat

There are brands that, after a successful run, fall into oblivion. From an IP perspective, it might be the case that – together with the oblivion these brands fall into – the related trade mark registrations lapse too. NEHERA’ was in fact a well-known fashion brand that Jan Nehera found in Czechoslovakia in the 1930s.