Non-use trademark cancellation rules in China can be a cost-effective way to avoid infringement, but knowing the nuances of these rules is key, writes Jiao Ren, a trademark attorney and partner of Chofn IP.
It was long controversial whether trademark use in the OEM process is valid against non-use cancellation, because that use is just physical attachment of the mark; does not have local sales; and the mark cannot function to identify the source of goods in China.
Nike is registering its marks in new classes to keep up with the evolving virtual trademark landscape, however it is unclear if and how Taiwan’s IP system will adapt to protect IP rights in the metaverse.
IP legislation that came into effect in 2017 broadened the criteria for aspects of signs that can be registered as trademarks. With Turkey’s IP office leading the way by recently granting non-conventional marks to Netflix, multimedia marks are expected to feature widely in the country’s IP landscape.
How to Protect Color Marks in Turkey Published: May 26, 2021
Pinar Arikan Gun + Partners Istanbul, Turkey Non-Traditional Marks Committee Europe and Central Asia Subcommittee
The introduction of Industrial Property Code No. 6769 (IP Code) in Turkey in 2017 changed the definition of a trademark and explicitly listed colors as one of the signs that can be registered as trademarks using international color codes. But practice is showing that some color marks are easier to register than others.
Registering single color marks can be more difficult, which can also be the case when it comes to enforcing them.
Even before the legislative change, registration of color marks