Paper
Protecting Non-Traditional Trademarks in China
Published Dec 19, 2018 · Haochen Sun
The Protection of Non-Traditional Trademarks
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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 in China. It considers why the Chinese courts rejected Hermès’ bid to register the shape of its Kelly bag as a three-dimensional trademark in China. Through the lens of several trademark cases that the French high-fashion luxury brand litigated in China, Sections II and III offer nuanced analysis of how companies can protect their trademarks in the Chinese first-to-file registration system and how to determine the well-known-trademark status in the country. Sections IV and V further examine the lessons that can be learnt from the Hermès cases about securing anti-confusion and anti-dilution protection of non-traditional trademarks in China.
Non-traditional trademarks can effectively promote businesses in China, but companies should carefully protect them through the Chinese first-to-file registration system and anti-confusion and anti-dilution measures.
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