Steve Zhao / Pei Lyu
In the everchanging business environment, business owners’ exploration in terms of using and registering non-traditional trademarks, such as 3D trademarks, sound trademarks, color trademarks and position trademarks, has never stopped. Different jurisdictions may have different thresholds to assess registrability of non-traditional marks. In China, there has been a noteworthy development regarding single-color mark used on a particular position filed by Christian Louboutin.
Fashion followers should know that the red sole is a signature design of Christian Louboutin high heel shoes. Christian Louboutin has been fighting for years in various jurisdictions for trademark registration of its red-sole signature, arguing that the red sole alone is capable of identifying origin of the shoes. Christian Louboutin applied for an international trademark of the red sole design under No. 1031242 on women’s high heels in Class 25 and designated China for protection.
Authored by Steve Zhao <zhaokefeng@anjielaw.com> , Pei Lyu <lvpei@anjielaw.com> , at AnJie Law Firm