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George Norman and Darlene C. Chisholm

A distinctive and unique symbol that an organization uses to identify its products or services and to distinguish these from the products or services of its rivals. Trademarks typically take the form of distinctive names, for example Coca-Cola, or logos, for example the McDonald’s “golden arches”. Trademarks are considered to be intellectual property and are usually protected from imitation.

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Li Zuming

3. Trademarks Li Zuming1 3.1. INTRODUCTION – WHAT ARE TRADEMARKS? A trademark is a commercial mark that distinguishes a provider of commodities or services from others. Trademarks include registered trademarks and unregistered trademarks. Registered trademarks are those that have been approved and registered by the Trademark Office (TMO) of the Chinese State Administration for Industry and Commerce (SAIC). Trademark registrants have exclusive use of their trademarks and are protected by Chinese law. Unregistered trademarks are those commercial marks that have

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Robert Burrell

3 A search-costs theory of limiting doctrines in trademark law1 Stacey L. Dogan and Mark A. Lemley Twenty years have passed since William Landes and Richard Posner wrote their classic economic defense of trademark laws.2 Under Landes and Posner’s “search costs” theory, trademarks have value because they reduce consumer search costs and thus promote overall efficiency in the economy. Over the past two decades, the search costs theory of trademark law has attracted a substantial following among both commentators and courts.3 While the search costs theory provides

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Barton Beebe

28.  Empirical studies of trademark law Barton Beebe* 2 Contents I. Introduction II. Studies of Trademark Registration III. Trademark Distinctiveness IV. The Likelihood of Confusion Test A. Courts’ Use of the Multifactor Test B. The Likelihood of Confusion and Sponsorship Confusion C. The Likelihood of Confusion in Context D. The Role of Survey Evidence V. The Likelihood of Dilution Test A. Anti-dilution Law in the Courts B. Dilution Over Time C. Experimental and Survey Evidence of Dilution VI. Conclusion References I. INTRODUCTION In one of the

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Yong Wan and Hongxuyang Lu

In late 2018, after eight years’ effort, Beijing Higher Court ruled in favour of Christian Louboutin in the case Christian Louboutin v Trademark Review and Adjudication Board of the State Administration for Industry and Commerce of the People's Republic of China ( Louboutin ). 1 This decision not only correctly categorized the type of the Red Sole Mark 2 as a single-colour trademark applied to a specific portion of the good, but also explicitly recognized the trademark registrability of such mark. It is a creative and positive decision associated with the

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Edited by Irene Calboli and Jacques de Werra

The Law and Practice of Trademark Transactions is a comprehensive analysis of the law governing trademark transactions in a variety of legal and business contexts, and from a range of jurisdictional and cross-border perspectives. After mapping out the international legal framework applicable to trademark transactions, the book provides an analysis of important strategic considerations, including: tax strategies; valuation; portfolio splitting; registration of security interests; choice-of-law clauses; trademark coexistence agreements, and dispute resolution mechanisms. Key features include: • A comprehensive overview of legal and policy-related issues • A blend of approaches underpinning strategic considerations with analytical rigour • Regional coverage of the key characteristics of trademark transactions in a range of jurisdictions • Authorship from renowned trademark experts Practitioners advising trademark owners, including trademark attorneys, will find this book to be an invaluable resource for their practice, particularly where cross-border issues arise. It will also be a key reference point for scholars working in the field.
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Pedro de Miguel Asensio

CONFLICT OF LAWS AND THE INTERNET 5 UNFAIR COMPETITION, TRADEMARKS AND OTHER INDUSTRIAL PROPERTY RIGHTS I. TRADEMARKS, DESIGNS AND PATENTS: INTERNATIONAL AND EU LAW  5.01 1. International cooperation concerning industrial property  5.01 a. Independence of rights and standards of protection  5.01 b. Registration and granting procedures  5.06 2. European Union  5.09 a. Harmonization  5.09 b. Union rights and unitary protection  5.13 II. DOMAIN NAMES  5.15 1. Main features  5

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Dong Huijuan and Lin Xiuqin

INTRODUCTION Since its enactment in 1982, the Chinese Trademark Law has experienced three rounds of revisions. The latest amendment was enacted on 30 August 2013 and took effect on 1 May 2014. According to the official explanation, the third revision was implemented to achieve three goals: first, to promote socio-economic development and meet China's domestic needs; secondly, to improve certain legal rules to promote fair competition, such as the rules on trademark registration, use of trademarks and protection of well-known trademarks; and thirdly, to maintain

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Edited by Irene Calboli and Edward Lee

As the modern business world becomes increasingly decentralized and globally focused, traditional interpretations and applications of trademark protection law are facing greater and greater challenges. This is particularly true regarding the principle of trademark territoriality, which holds that trademark rights are bound by the laws of individual nations. This timely volume offers expert analyses of the challenges facing crucial aspects of trademark law from some of the most prominent scholars in the field.
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Qian Zhan

1 INTRODUCTION Traditionally, trademarks convey source information to consumers through the use of words, letters, or numerals. 1 Today, trademarks appear in new and innovative contexts. 2 The types of signs that are nowadays considered as being capable of constituting a trademark have expanded beyond words or figurative devices. Non-traditional trademarks communicate source to our five senses, so you may see, smell, taste, touch and hear them. In an attempt to categorize non-traditional signs, the World Intellectual Property Organization (WIPO) has divided