While the evidence threshold for proving acquired distinctiveness of 3D marks is high, strong evidence of consumer recognition can help, says Ling Zhao of the CCPIT Patent and Trademark Law Office.
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The Supreme People’s Court has agreed to hear more retrial cases, which is good news for trademark owners. Until now, the vast majority of litigation in this area was initiated at the basic level; the Supreme People’s Court was out of reach for most infringement cases.