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Growth in Industrial Design Registrations Sporadic Over Past Decades

Corsearch

With the challenges posed by name saturation and the reduced availability of work marks, industrial designs are increasingly important within intellectual property strategies. When people think about designs they typically think of patents, but the world of protecting designs is far more extensive than that.

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[Guest post] Decoding the General Court in design law – adding matter to the prior art?

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on a brand-new decision issued by the General Court of the European Union on 3 July 2024 in an interesting design case (Case T-329/22). The designer had a wide design freedom. by Henning Hartwig I.

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Protecting Product and Packaging Designs in China Part I – Trademarks

LexBlog IP

Like the United States, China offers protection for 2D and 3D designs of products and packaging, which is often known by U.S. Before diving into details, the chart below illustrates how 2D and 3D designs are protected as different IP rights in China. Protection of 2D Designs. Protection of 3D Designs. Trademark.

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How to prove disclosure of earlier designs?

The IPKat

A Registered Community Design (‘RCD’) enjoys protection only if it is new and has individual character vis-à-vis designs disclosed prior to its filing or priority date ( Art. 4(1), 7 of Regulation 6/2002 , ‘Design Regulation’). 7(1) Design Regulation ). 7(1) Design Regulation ). 6 of Directive 2005/29/EC.

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Australia and NZ: ‘Reasonable Efforts’ to Join the Hague Agreement on Industrial Designs Mean Nothing

LexBlog IP

Each document states that Australia/NZ will make all reasonable efforts to join the UK as members of the Hague Agreement, which provides an international registration system for industrial designs. agreed to join the Hague Agreement on Industrial Designs’ This is not true. Article 17.1(5)

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TTAB Affirms Refusal to Register Muffler Configuration Due to Lack of Acquired Distinctiveness

The TTABlog

Rarely does the Board find that a product configuration clears the hurdles of functionality and acquired distinctiveness to reach the registrability finish line. Emler sought registration of this single feature under Section 2(f), since a product configuration can never be inherently distinctive ( Wal-Mart ).

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The Vespa appearance: Italian Supreme Court considers that its artistic value may preclude trade mark protection (due to substantial value absolute ground)

The IPKat

Then, on 29 November, the General Court ruled ( T-19/22 ) on the distinctiveness of the Vespa EU 3D mark, eventually ruling that the EUIPO Board of Appeal had erred in holding that registration invalid due to lack of distinctive character. Does ‘substantial value’ mean ‘artistic value’?

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