Trademark law is in motion. This week brings a pair of headlines with big implications: Apple’s lawsuit against a theater chain, and Taiwan’s revamped rules for how functional elements must appear in trademarks. Here’s what every brand owner should know.

1. Apple Sues Apple Cinemas for Trademark Infringement

  • Apple has filed suit against “Apple Cinemas,” a theater chain based in Massachusetts, citing trademark infringement and brand confusion—especially as the chain expands into Silicon Valley.
  • The tech company asserts that Apple Cinemas’ use of the name deliberately edges on its well-known brand—despite cease-and-desist efforts and a prior USPTO refusal.
  • Apple is seeking both an injunction and damages, aiming to halt further use.

2. Taiwan Updates How Functional Elements Are Depicted in Non-Traditional Trademarks

  • As of August 1, 2025, Taiwan requires functional elements in non-traditional trademarks—such as container hooks or grips—to be shown using broken lines. If that’s not possible, applicants must clearly state that these features are not part of the mark.
  • For intangible elements like sound or scent, a disclaimer is now mandatory to clarify they are separate from the mark itself.
  • This change ensures clarity in examination and reduces disputes over functional design elements in trademarks.

Why You Should Care

  • If your brand name overlaps with a well-known mark—even in a different industry—you may face legal challenges. Stand out, or risk standing down.
  • Geographic expansion means greater exposure—and greater risk. Make sure your mark is truly distinct and defensible before crossing into new markets.
  • For non-traditional marks (like packaging or product design), presentation matters. Consider how your application depicts functional components—visual precision and accurate disclaimers can make or break approval.

Quick Action Plan

  1. Review your marks in expansion markets—make sure they’re not infringing on established brands.
  2. Audit your non-traditional mark filings for clarity—update imagery and descriptions as needed.
  3. Stay informed on global registration trends—rules change, especially with evolving design and branding norms.

In summary: Apple’s courtroom move and Taiwan’s guideline overhaul highlight two truths: you must protect your mark—and show it right.

Nathan Moore is a trademark attorney located in Nashville. Moore Law PC helps individuals and businesses successfully apply for and register trademarks nationwide.