摘要: Fashion design has become a product of the worldwide economy in the cutting-edge era. The world’s largest fashion companies have devoted billions of dollars to their business of making, selling and advertising profitable designs. An effective strategy to protect fashion designs in the United States and China is to use non-traditional trademarks. In the United States, non-traditional marks are protected by the Lanham Act and common law, even if they are not registered. In China, only a narrow list of non-traditional marks was protected by the Chinese Trademark Law. Because China no longer offers legal protection for any unregistered trademarks other than well-known marks, fashion designers and companies must register their non-traditional marks with the China Trademark Office to protect them. Therefore, it is essential to extend the trademark protection of fashion designs in China by adding an open-ended category of non-traditional trademarks under Article 8 of the Chinese Trademark Law.

    关键词: Comparative law; Designs; Fashion Accessories; Three-dimensional Marks; Trade marks; Colour
    期刊来源: 《欧洲知识产权评论（European Intellectual Property Review）》2022年第2期。