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Work Area: Trademarks

A ‘brand’ new approach to intellectual asset mapping at Spotify

An updated framework allows for renewed understanding of the way that a broad array of potential brand assets can drive value for knowledge companies

Registering 3D Marks in China

Conventional 2D trademarks that are deemed indistinct can obtain distinctiveness with the addition of unique features. For instance, a mark containing the single letter ‘M’ in plain form is deemed to be indistinctive; however, if the letter is sufficiently stylised, such as in the case of the golden arches symbol of McDonald’s, it can obtain distinctiveness. It has, therefore, been debated whether 3D marks in similar situations can be treated similarly. The laws governing the issue have evolved over time in China.

Equifax’s nimble approach to IP leadership and value realisation

Elizabeth Lester, assistant general counsel of intellectual property, speaks to IAM about letting the business drive priorities in a small patent and trademark department

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An exploration of whether a trademark constitutes confusion

Featured in IAM Innovation & Invention Yearbook 2021

China’s Trademark Law was substantially amended in 2013 and entered into effect in May 2014. Article 57(2) of the amended law has added the new expression “which may cause public confusion” to the original criterion for determining trademark infringement, affirming that “using a trademark that is identical with or similar to a registered trademark in connection with the same or similar goods may constitute infringement”.

20 November 2020