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Anastasia Zaitseva

is an Associate, IP Specialist in Synergy IP Law Agency. She specializes in IP prosecution in Ukraine and other countries. She is the author of numerous publications on intellectual property rights in Ukrainian professional publications.

Recent Articles by Anastasia Zaitseva

Challenging Aspects of Protecting of Non-Traditional Trademarks: The Five Senses and Trademarks

In my previous article: Challenging Aspects of the Legal Protection of Non-Traditional Trademarks: Shape Trademarks, I mentioned that man has five senses and, accordingly, can perceive information, including trademarks, not only by sight. The diversity of human sensations cannot be reproduced by graphics alone. This is what makes the registration and protection of such trademarks, which can be also perceived by other senses, so interesting, unique and at the same time problematic.

Challenging Aspects of the Legal Protection of Non-Traditional Trademarks: “Shape Trademarks”

Classic trademarks consist of word or graphic elements, or their two-dimensional combinations. Naturally, they are targeted at one human sense only. Such trademarks can only be perceived by sight. Sight can also help us to perceive non-traditional trademarks such as “color” and shape trademarks. However, apart from sight, man has four other senses: smell, touch, hearing and taste.