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Beyond the Runway: Trademark Protection for Fashion Designs, RESEARCH…
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RESEARCH QUESTIONS
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How does trademark protection for fashion designs differ from other forms of intellectual property, such as patents and copyrights?
- Distinctiveness and Fashion Design
How does the requirement of distinctiveness impact the eligibility of fashion designs for trademark protection?
To what extent can a fashion design be considered inherently distinctive or acquire distinctiveness over time?
- Non-Traditional Trademarks in Fashion
How effective is the use of non-traditional trademarks (such as color, shape, or texture) in protecting fashion designs?
What are the challenges in registering and enforcing non-traditional trademarks in the fashion industry?
- Secondary Meaning and Fashion Designs
How does the concept of secondary meaning apply to fashion designs in the context of trademark protection?
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- Trade Dress Protection in Fashion
To what extent can trade dress protection be used to safeguard the overall look and feel of a fashion design?
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- Counterfeiting and Infringement in Fashion
What are the common legal strategies employed by fashion brands to combat trademark counterfeiting and infringement?
How effective are trademark enforcement mechanisms in curbing the proliferation of counterfeit fashion goods?
- Fashion Design as a Brand
How do fashion designers and brands leverage trademarks to build brand identity and consumer loyalty?
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INTRODUCTION
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into creating new inventions, but they are in rather weak positions also concerning the other
categories of property rights under the legally possible methods. Thus, mechanisms of
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scrutinized brand indicators, such as logos and trade names, do not complete the totality of
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presents the guidelines on how to register a trademark, starting with the requirements needed
for registration, what needs to be done when filing for trademark registration, and errors that
should be avoided. It looks at various classes of trademark in fashion including word mark,
graphic mark, and trade dress. This paper discusses the problems of trademark protection based
on the concept of distinctiveness, functionality of trademarks, and the threats of fast-fashion
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law controversies, an evaluation of the consequences in the industry.
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