Distinctiveness and 3D Shape Mark Protection

Distinctiveness and 3D Shape Mark Protection Unique 3D shapes applied to products can act as important brand identifiers, and can be registered as trade marks. For example, the fluted Coca-Cola bottle, or the unique triangular shape of the Toblerone chocolate bars, are recognisable regardless of any branding appearing on the shapes. However, 3D shape marks can be challenging to register. As with any trade mark, a 3D shape mark must be capable of distinguishing goods […]


A reminder of China’s First to File TM System

An important Reminder of China’s First to File Trade Mark System In July 2018 ActionSoft filed trade mark infringement proceedings in China against the use by Amazon and Sinnet of trade mark AWS. On 30 December 2020, The Beijing High Court released their ruling in favour of the plaintiff, ActionSoft Science & Technology Development Co.Ltd. (“ActionSoft”), a Chinese software and data services company. The Beijing High Court ruled that the defendants, namely Amazon Connect Technology Services (Beijing) Co., […]


Tips for Trade Secrets Protection When Doing Business in China

Tips for Trade Secrets Protection When Doing Business in China Trade secrets refer to technical information and operational information which is not known to the public, has commercial value and where owners have taken confidentiality measures to protect its secrecy. This will mean keeping and maintaining the secrecy of aspects such as designs, formulas, recipes, research records, manufacturing methods, business strategies, client lists, sales data and financial information. In China, trade secrets-related cases have traditionally […]


Highlights of the new China Copyright Law

Highlights of the new China Copyright law in relation to copyright protection On 11 November 2020, China’s National People’s Congress passed the amendments to the China Copyright Law, which will take effect on 1 June 2021. There are many changes in terms of copyright protection, which is favourable to the right owners. The highlights of the new China Copyright Law in relation to copyright protection include: Introduce punitive damages for copyright infringement in bad faith. One […]


Brexit and your trade mark rights

Brexit and your trade mark rights The UK officially left the EU on 31 January 2020, with the transitional period ending on 31 December 2020. The end of the transition period has come with changes to both EU and UK trade mark practice and legislation which could impact your trade mark protection in these jurisdictions. We answer some common questions below. I own an EU trade mark registration. Will I still have protection in the […]