“The legal position on the protectability of product packaging as a trade mark varies from one jurisdiction to another. While some jurisdictions such as China are still reluctant to protect packaging and three-dimensional trade marks in general, this is not the case in Europe. Article 3 of the European Union (EU) Trade Mark Directive1 explicitly mentions the protection of packaging in its enumerative list of protectable signs. Offering a comparative perspective, this article considers both English and German trade mark law to point out that, even though product packaging is protectable subject matter, the definition of a trade mark nevertheless impacts on the extent to which product packaging enjoys trade mark protection …” (more)
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Luxmi Rajanayagam and David Linke, ‘Product packaging as a trade mark – an English and German perspective’, Journal of Intellectual Property Law and Practice, https://doi.org/10.1093/jiplp/jpac063. Published 11 July.
First posted 2022-07-12 13:15:17
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