non tradtional trademarks

Colour trademarks in China as part of the non-traditional trademarks

A colour trademark is a trademark that consists of one or more colours, without any figurative limitation (contour). In practice this means that colours are intertwined with a brand in such a way that they become an indispensable part of the brand image.

As with all forms of trademark, the colour trademark must also be distinctive for the goods and services claimed. However, due to the large number of colours used in advertising, this is usually not the case. Trademark owners are advised to seek protection for unique colour combinations as early as possible.

An abstract...

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“red sole” decision between Christian Louboutin and the CNIPA

In the retrial of the trademark administrative dispute case “red sole” between Christian Louboutin and the CNIPA , the Supreme People’s Court dismissed the claim of the CNIPA on Dec. 24, 2019. The application of retrial was rejected, the decision of the Beijing Higher People’s Court was maintained.

According to decision of the Beijing Higher People’s Court in December 2018 , the trademark “red color that used on the sole” is to be considered as a mono-color trademark that the using position of the color is defined. The Beijing Higher People’s Court affirmed, mono-color...

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Latest news about “non-traditional trademarks” in China

Trademarks are used to distinguish the goods and services from different trademark owners. Trademarks are unique names, symbols, or logos which have distinctive characteristics.

Trademarks are categorized into product marks, service marks, certification marks and collective marks. And the elements that can combine a trademark include (Chinese) characters, figures, letters of the alphabet, sound, colour combinations, 3-dimensional symbol and their combinations according to the Article 8 of China Trademark Law. A trademark seeking registration shall be so distinctive as to...

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