Pattern Trademarks in Handbags: Lessons from the Bao Bao Case

To move beyond this legal limbo, future discourse should push for a more nuanced, multi-factor test that explicitly integrates cultural and design innovation considerations alongside traditional distinctiveness analysis. Additionally, courts and trademark offices must develop clearer guidelines on how to assess the “three-dimensional dynamism” of patterns, like Bao Bao’s tessellations, that alter in appearance with use, distinguishing them from mere background decoration. Embracing such complexity not only offers stronger, more predictable protection for creative handbag designs but also better aligns intellectual property law with the realities of contemporary fashion.