Getting a Sense of Nontraditional Trademarks (with Professor Irene Calboli, Texas A&M University)

Over the last decades, the domain of trademark law and the scope of trademark protection have grown exponentially, and a wide variety of nontraditional marks, including color, sound, smell, and shape marks, can now be registered in many jurisdictions. However, this continuous extension of trademark protection has led to debate and controversies about the impact of  non-traditional marks on fundamental rights, such as freedom of competition and freedom of expression, and also on the intellectual property (IP) system as a whole.These tensions have led to an increasing number of administrative and judicial decisions across several jurisdictions, which address the validity of these marks.Irene Calboli has analyzed in depth and with an interdisciplinary approach the questions raised by the acceptance of nontraditional trademarks. Based in Singapore, she is Professor of Law at Texas A&M University School of Law (Dallas/Fort Worth, Texas, USA); fellow at the Transatlantic Technology Law Forum, a joint international initiative of Stanford Law School (USA) and the University of Vienna School of Law (Austria); and a visiting professor at several academic institutions worldwide.  A dedicated teacher and a prolific scholar, she has published articles and books in the area of intellectual property law, including the book  “The Protection of Non-Traditional Trademarks, Critical Perspectives” in 2018 with Martin Senftleben.

Every two weeks, on Tuesday, Brand & New gives the floor to inspiring individuals, with a 360-degree vision, to help brand owners, intellectual property lawyers, and marketing and finance professionals (and beyond!) stay curious and agile in an ever-evolving business environment. Brand & New is a production of the International Trademark AssociationHosted by Audrey DauvetContribution of M. Halle & S. Lagedamond - Music by JD BeatsFOR MORE INFORMATION, VISIT INTA.ORGTo go further:About Professor Irene Calboli (link to https://www.linkedin.com/in/irene-calboli-5456813/)

Also of interest:The Protection of Non Traditional Trade Marks: Critical Perspectives, by Irene Calboli and Martin Senftleben (link to https://www.amazon.com/Protection-Non-Traditional-Trade-Marks/dp/0198826575) INTA Topic Portal about Non-Traditional Trademarks (link to https://www.inta.org/Advocacy/Pages/Non-traditionalMarks.aspx)The Trademark Reporter (May-June 2019)—Acquired Distinctiveness in the European Union: When Nontraditional Marks Meet at (Fragmented) Single Market  (link to: https://www.inta.org/TMR/Pages/vol109_no3_a1_porangaba.aspx)INTA Board Resolutions on Nontraditional Marks (link to https://www.inta.org/Advocacy/Pages/BoardResolutions.aspx)INTA Bulletin—Committee Spotlight: Non-Traditional Marks Committee (link to: https://www.inta.org/INTABulletin/Pages/comm_spotlight_02_7405.aspx)INTA 2020 Annual Meeting, April 25-29, 2020, Singapore  (link to: https://www.inta.org/2020Annual/Pages/Home.aspx)WIPO Magazine about Non-Traditional Trademarks (link to https://www.wipo.int/wipo_magazine/en/2009/01/article_0003.html)