This volume offers a detailed analysis of the issues related to the protection of non-traditional marks. In recent years, the domain of trademark law and the scope of trademark protection has grown exponentially. Today, a wide variety of non-traditional marks, including colour, sound, smell, and shape marks, can be registered in many jurisdictions. However, this expansion of trademark protection has led to heated discussions and controversies about the impact of the protection of non-traditional marks on freedom of competition and, more generally, on socially valuable use of these or similar signs in unrelated non-commercial contexts. These tensions have also led to increasing litigation in this area across several jurisdictions. This book provides an overview of the debate and state of the law surrounding non-traditional marks at the international, regional, and national level. In particular, this book addresses relevant international treaties administered by the World Intellectual Property Organization (WIPO) and the Agreement on Trade-Related Aspects to Intellectual Property Rights (TRIPS) as well as several regional and national legislations and leading judicial decisions in order to examine current law and practice culminating in critical reflections and suggestions on the topic. This is an open access title available under the terms of a CC BY-NC-ND 3.0 licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.

This volume offers a detailed analysis of the issues related to the protection of non-traditional marks. In recent years, the domain of trademark law and the scope of trademark protection has grown exponentially. Today, a wide variety of non-traditional marks, including colour, sound, smell, and shape marks, can be registered in many jurisdictions. However, this expansion of trademark protection has led to heated discussions and controversies about the impact of the protection of non-traditional marks on freedom of competition and, more generally, on socially valuable use of these or similar signs in unrelated non-commercial contexts. These tensions have also led to increasing litigation in this area across several jurisdictions. This text provides an overview of the debate and state of the law surrounding non-traditional marks at the international, regional, and national level.

The purpose of this thesis is to study the Intellectual Property rights, in particular with trademark protection applied to non-traditional marks. Is the traditional theory of trademarks really protecting all the signs that can be used to distinguish wares and services? Is the reality of commerce compatible with the legal theory of the so called traditional trademarks? There are other marks different to those commonly recognized by law, that are capable to be used as trademarks but they are not recognized and therefore they have no legal protection under the scope of Intellectual Property Rights. The purpose of this thesis is to put forward some reflections on the present state of the existence of these "non-traditional trademarks" and the legal effects that they produce in Mexico, Canada and the United States of America.

Trade in goods and services has historically resisted territorial confinement, but trademark protection remains territorial, albeit within an increasingly important framework of multilateral treaties. Trademark law therefore demands that practitioners, policy-makers and academics understand principles of international and comparative law. This handbook assists in that endeavour, with chapters describing and critically analyzing international and regional frameworks, and providing comparative perspectives on the substantive issues in trademark law and related fields, such as geographic indications, advertising law, and domain names. Chapters contrast common law and civil law approaches while focusing on the US and EU trademark systems in light of the role these systems have played in the development of trademark laws. Additionally, this handbook covers other jurisdictions, both common law and civil law, on the Asia-Pacific, African, and South American continents. This work should be read by anyone seeking a better understanding of trademark law around the world.

The aim of this paper is to talk about Non-traditional marks among European Countries, with a particular attention on Community Trademark legislation. By analyzing the “state of art” of Non-traditional marks, this paper focuses on three kinds of Non-Traditional marks (TM): Sound marks, Motion marks and Fluid trademarks. After discussing the hurdles on the path to registering sound and motion marks, the paper will focus on “fluid trademarks”, which are currently not considered a new trademark category, but offer a good example of the evolution of trademark strategies. Indeed, these three kinds of innovative marks represent a challenge to national jurisdictions due to their dynamism, which makes it difficult to satisfy the graphical representation requirement. In order to allow the development of these new kinds of trademarks, the removal of the graphic representation requirement from the TM Directives and the Community TM Regulation might be a radical but indeed effective solution. As will be argued in this paper, the conflict between the graphical representation requirement and the dynamism of such trademarks might be solved better by technological advancements.

The Recommendation is the first implementation of WIPO's policy to adapt to the pace of change in the field of industrial property by considering new options for accelerating the development of international harmonized common principles. It provides a set of guidelines for the protection of well-known marks that are recommended to States.

Marques de commerce — Propriété industrielle — Modélisation tridimensionnelle — Propriété intellectuelle — Suisse — Etats-Unis — International — Protection des marques — Marque de forme — 3d — Droit communautaire — Marque de position — Marque sonore — Couleur — Marque de mouvement — USA — Suisse(État)