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The Community Trade Mark
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Book Synopsis Special Protection of Trade Marks with a Reputation under European Union Law by : Michal Bohaczewski
Download or read book Special Protection of Trade Marks with a Reputation under European Union Law written by Michal Bohaczewski and published by Kluwer Law International B.V.. This book was released on 2020-04-09 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: When a mark acquires a reputation, it becomes a means of attracting consumers by communicating to them various messages going beyond the indication of commercial origin of goods or services. Thus, trade marks familiar to the general public enjoy a special legal protection regime above and beyond that afforded trade marks in general, allowing them to benefit from enhanced protection against reproduction or imitation detrimental to, or taking unfair advantage of, the distinctive character of the mark or its repute. This richly researched book, the first comprehensive guide to current European Union (EU) law and practice concerned with reputed trade marks, conducts an in-depth analysis of this extended protection provided by Regulation 2017/1001 on EU trade marks and Directive 2015/2436 under which it is mandatory across all Member States. Using a practical approach, focused on identifying and analysing the criteria for infringement of trade marks with a reputation in proceedings before civil courts and in administrative proceedings before the European Union Intellectual Property Office (EUIPO) or national trade mark offices, the author addresses such elements of the special protection regime as the following: prerequisites for infringement of the right to a reputed mark common to all recognised forms of infringement; how to demonstrate each type of infringement of the right to the trade mark with a reputation (blurring, tarnishment and unfair advantage); proof of reputation; distinguishing the concept of well-known trade mark; legitimate versus questionable justifications of the ‘due cause’ exception within the meaning of EU law provisions; use of a disputed sign falling under freedom of expression; identifying the role of likelihood of confusion under the special regime; and how to prove the existence of a link between the signs in dispute. The author pays detailed attention to the case law of the Court of Justice and General Court of the EU, as well as cases before the EUIPO and national courts. He takes into account research from a number of Member States (plus Switzerland), thus widening prior work in the field from its predominant English-language context. With this book practitioners will confidently approach cases before courts, the EUIPO and national EU trade mark offices involving enhanced protection of trade marks with a reputation. In addition, the book will help judges and trade mark offices examiners to interpret the EU provisions and assess claims regarding such reinforced protection. For scholars and students of intellectual property law, this book will prove a cornerstone volume in the field.
Book Synopsis European Trade Mark Law by : Annette Kur
Download or read book European Trade Mark Law written by Annette Kur and published by Oxford University Press, USA. This book was released on 2016-07-25 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Trade Mark Law provides a coherent and authoritative commentary on both the substantive and procedural aspects of European trade mark law. It presents an integrated picture of the two major trade mark law provisions at EU level: the Community Trade Mark Regulation (CMTR), which provides for the registration and protection of a Europe-wide mark; and the Trade Mark Directive (TMD), which aims to harmonise national trade mark laws. The book's core focus is the Community texts and case law, and it offers a detailed analysis of the CMTD and TMD, as well as practical discussion of the procedure for registering, maintaining, and challenging a trade mark through the European Trade Mark Office and at the national level. It considers how national laws have been successfully harmonised by the TMD, and where they differ significantly from others in their implementation of the Directive. Written by one of the leading trade mark lawyers in Europe, this is an invaluable reference for both academics and practitioners in this complex and rapidly developing area of law.
Book Synopsis Guide to the Community Trade Mark by : Ruth Annand
Download or read book Guide to the Community Trade Mark written by Ruth Annand and published by . This book was released on 1998 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Legal Aspects of the Community Trade Mark by : Mark Milford
Download or read book The Legal Aspects of the Community Trade Mark written by Mark Milford and published by Springer. This book was released on 2001-03-16 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a practical guide to the legal aspects of the Community trade mark, which is an intellectual property right created by an European Council Regulation of December 1993, and which entered into force on 1 April 1996. The main attraction of the Community trade mark is that it enables an applicant to obtain and maintain, with only one registration, trade mark protection throughout the 15 Member States of the European Union (rather than having to obtain and maintain the registration of essentially the same trade mark in each of those countries). The Community trade mark system is administered by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), which is an agency of the European Union. The Community trade mark system has been surprisingly successful since its inception; it is expected that there will, by the end of the year 2000, have been approximately 200,000 applications for a Community trade mark. The aim of this book is to describe how the Community trade mark system works and what procedures it follows, as well as to draw attention to issues of potential concern for any Community trade mark proprietor. The text is thus anchored on the European Union Regulations which set out the rules for the Community trade mark system, and then critically analyses how those Regulations have so far been applied in practice. This analysis notably involves an examination of the administrative practices developed by the OHIM and its various divisions in respect of the Community trade mark, including a detailed review of the case law developed through early September 2000 by the Boards of Appeal of the OHIM. As it is possible to challenge decisions of the OHIM before the Court of Justice of the European Communities, this analysis also incorporates a study of the case law developed by that Court either in respect of, or which is otherwise relevant to, Community trade marks.
Book Synopsis Trade Marks and Free Trade by : Lazaros G. Grigoriadis
Download or read book Trade Marks and Free Trade written by Lazaros G. Grigoriadis and published by Springer. This book was released on 2014-05-06 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first study to examine the issue of the legality of parallel imports of trademarked goods under the most important legal systems on an international level, namely under GATT/WTO law, EU law and the laws of the ten major trading partners of the European Union. Part I consists of a general approach to the phenomenon of parallel importation and of a presentation of the theories that have been suggested to resolve the above-mentioned issue. The rule of exhaustion of rights, of which there are three types (rule of national, regional and international exhaustion of rights), is proposed as the most effective instrument to deal with the issue in question. Part II examines the question of exhaustion of trademark rights in light of the provisions of GATT/WTO Law. Part III analyzes the elements of the EU provisions on exhaustion of trademark rights (Articles 7 of Directive 2008/95/EC and 13 of Regulation (EC) 207/2009) and some specific issues relating to the application of these provisions. Part IV presents the regimes of exhaustion of trademark rights recognized in the European Union’s current ten most significant trading partners. The book is the first legal study to welcome, in light of economic analysis, the approach adopted by GATT/WTO law and EU law to the question of the geographical scope of the exhaustion of the trademark rights rule. It includes all the case law developed on an international level on the issue of the legality of parallel imports of trademarked goods and a comprehensive overview of the scientific literature concerning the phenomenon of parallel imports in general and the legality of parallel imports of trademarked goods. All the views expressed in the book are based on the European Court of Justice’s most recent case law and that of the courts of the most important trading partners of the European Union.
Book Synopsis The Community Trade Mark by : Allan Poulter
Download or read book The Community Trade Mark written by Allan Poulter and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Animal Farm written by George Orwell and published by . This book was released on 2021 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2021 Facsimile of the 1945 Edition. This is now considered a classic Satire on dictatorship and one of Orwell's most enduring short novels. Fueled by Orwell's intense disillusionment with Soviet Communism, Animal Farm is a nearly perfect piece of writing, both an engaging story and an allegory that actually works. When the downtrodden beasts of Manor Farm oust their drunken human master and take over management of the land, all are awash in collectivist zeal. The future, however, is far from certain as the drama plays out in actual events. A cautionary tale. Reviews "Animal Farm remains our great satire on the darker face of modern history."-Malcolm Bradbury "As lucid as glass and quite as sharp...[Animal Farm] has the double meaning, the sharp edge, and the lucidity of Swift."-Atlantic Monthly "A wise, compassionate, and illuminating fable for our times."-The New York Times "Orwell has worked out his theme with a simplicity, a wit, and a dryness that are close to La Fontaine and Gay, and has written in a prose so plain and spare, so admirably proportioned to his purpose, that Animal Farm even seems very creditable if we compare it with Voltaire and Swift."-Edmund Wilson, The New Yorker "Orwell's satire here is amply broad, cleverly conceived, and delightfully written."-San Francisco Chronicle "The book for everyone and Everyman, its brightness undimmed."-Ruth Rendell
Book Synopsis Community Trademark Regulation by : Gordian Hasselblatt
Download or read book Community Trademark Regulation written by Gordian Hasselblatt and published by Beck/Hart. This book was released on 2016-06-16 with total page 2100 pages. Available in PDF, EPUB and Kindle. Book excerpt: Powerful trade marks encapsulate the essential values of a brand. In today's highly competitive markets, trade marks serve as communicators between the businesses on the one hand and the courted clientele on the other. With its unitary nature and equal effect throughout the entire EU, the CTM provides access to more than 500 million consumers. It is therefore no wonder that business and trade have long since recognized the value of the CTM, last but not least because of this geographical reach. Since its inception in 1996, more than one million CTMs have been registered, 30 % of which stemming from applicants outside the EU. It is thus fair to say: The CTMR has proved to be a success story.
Book Synopsis The Cambridge Handbook of International and Comparative Trademark Law by : Irene Calboli
Download or read book The Cambridge Handbook of International and Comparative Trademark Law written by Irene Calboli and published by Cambridge University Press. This book was released on 2020-09-24 with total page 1176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade in goods and services has historically resisted territorial confinement, but trademark protection remains territorial, albeit within an increasingly important framework of multilateral treaties. Trademark law therefore demands that practitioners, policy-makers and academics understand principles of international and comparative law. This handbook assists in that endeavour, with chapters describing and critically analyzing international and regional frameworks, and providing comparative perspectives on the substantive issues in trademark law and related fields, such as geographic indications, advertising law, and domain names. Chapters contrast common law and civil law approaches while focusing on the US and EU trademark systems in light of the role these systems have played in the development of trademark laws. Additionally, this handbook covers other jurisdictions, both common law and civil law, on the Asia-Pacific, African, and South American continents. This work should be read by anyone seeking a better understanding of trademark law around the world.
Book Synopsis Concise European Trade Mark Law by : Verena von Bomhard
Download or read book Concise European Trade Mark Law written by Verena von Bomhard and published by Kluwer Law International B.V.. This book was released on 2018-09-25 with total page 1026 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sweeping changes brought about in 2017 to practice and procedures in European Union trade mark law have precipitated a new edition of this much relied-upon guide to the field. This is the first book to provide comprehensive guidance to the new EU Trade Mark Regulation, including full details on all aspects of substance and procedure, as well as to the new Trade Mark Directive. This new and significantly expanded edition, which builds on the two previous editions of the Concise European Trade Mark and Design Law, includes the full texts of the new Implementing and Delegated Acts – available in no other book – as well as a collection of other texts that are needed in daily practice, such as excerpts from the Rules of Procedure of the General Court, the Paris Convention, the Madrid Protocol and the Nice Agreement, the Nice Classification, the TRIPS Agreement and the Directive on Enforcement of IP Rights. Providing a complete commentary and a full set of the legal provisions that must be dealt with on a daily basis, obviating recourse to other sources, this new edition will be welcomed by anyone with an interest in the law and practice of trade marks in the European Union.
Book Synopsis The Community Trade Mark Regulation by : P. A. C. E. van der Kooij
Download or read book The Community Trade Mark Regulation written by P. A. C. E. van der Kooij and published by . This book was released on 2000 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designed for all who have anything to do with mentally disabled or disordered people in or out of hospital, for social workers and others who care for them in the community but who may have to use compulsory powers, for doctors, nurses and other professionals concerned with their medical treatment and therapy, and for lawyers, advocates and advice workers who try to protect their interests
Book Synopsis European Union Trade Mark Regulation by : Gordian Hasselblatt
Download or read book European Union Trade Mark Regulation written by Gordian Hasselblatt and published by Beck/Hart. This book was released on 2018-12-13 with total page 1632 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the release of the first edition of this commentary, quite a few important changes have taken place in the realm of EU trade mark law. Most of the reforms proposed in 2013 have now matured into law. By way of Regulation 2015/2424 of 16 December 2015, the CTMR was comprehensively amended and the regulation on the fees payable to the Office repealed. All in all, the reform of the former framework brought about more than 145 amendments. These changes have been codified by Regulation 2017/1001 of 14 June 2017. Needless to say, all changes of a material, procedural or mere terminological nature are commented in detail in the respective context of this profoundly revised second edition.
Book Synopsis Community Trade Mark Law by : Frank Bøggild
Download or read book Community Trade Mark Law written by Frank Bøggild and published by Kluwer Law International B.V.. This book was released on 2015-12-23 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt: The introduction in Europe in 1996 of the Community trade mark (CTM) brought into being a new and independent trade mark system with its own sources of law, its own procedures, and its own administrative and judicial bodies, notably the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM), the agency designated to process applications for the registration of CTMs. In 2011, OHIM for the first time received 100,000 applications in one and the same year – which was also the year in which the one millionth application was filed. Case law of the European Court of Justice (ECJ) and the European General Court (EGC) on the interpretation of the Trade Mark Regulation and the Trade Mark Directive is – together with decisions of OHIM and its Boards of Appeals – absolutely central to the understanding of Community trade mark law, including the trade mark laws of Member States. This book offers an in-depth scrutiny, categorization, and analysis of this extensive body of case law. Focusing on issues of practical relevance for practitioners, the chapters cover such aspects of Community trade mark law as the following: • OHIM's procedure for registration; • the appeals system (OHIM's Boards of Appeals, the EGC, and the ECJ); • trade mark strategies; • absolute and relative grounds for refusal; • three-dimensional trade marks; • non-registered national trade marks and registration in bad faith; • trade marks with a reputation; • acquired distinctiveness; • trade mark functions and use as a trade mark; • limitations of exclusivity; • nature and extent of genuine use; • grounds for revocation and invalidity; • transfer of trade marks and licensing; • national trade mark courts. Also covered are the pending and proposed amendments to the Trade Mark Regulation and the Trade Mark Directive. This book covers in depth the practical applications of this important and much-used body of law. It will be of enormous value and benefit to company lawyers, attorneys, trade mark attorneys, and anyone else dealing with trade mark law, whether on a Community level or nationally.
Book Synopsis Likelihood of Confusion in Trade Mark Law by : Jeroen Muyldermans
Download or read book Likelihood of Confusion in Trade Mark Law written by Jeroen Muyldermans and published by Kluwer Law International B.V.. This book was released on 2019-10-15 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1994 European Union (EU) case law touching on trade mark confusion has become so diverse and has grown so numerous that it is difficult to see the wood for the trees. This is the first book to give a complete synthesis of the thousands of decisions that have been handed down over the past decades, illustrated with many examples and images. Providing a highly structured and complete overview of the confusion test and all assessment criteria as determined by the General Court and Court of Justice, the authors unravel the concept of likelihood of confusion and establish a sound and thorough methodology for resolving confusion in any trade mark case. Among the practical features offered by the analysis are the following: consideration of the constituent criteria of the confusion test through a simple three-step test examining the similarity among goods and services, similarity between different trade marks and global appreciation of confusion; the identification of the ‘relevant consumer’, including from territorial and linguistic points of view; guidance on procedural aspects of the confusion test before the EU courts, as well as before the EU Intellectual Property Office and its Boards of Appeal; identifying the dominant and distinctive components of a trade mark – phonetic, visual and conceptual; the concept of similarity and the Nice Agreement; the principle of ‘partial use’; effect of the terms of sale of the goods or services; consideration of the existence of a family or series of trade marks; and consideration of the effects of coexistence on the confusion test. Numerous illustrated examples of trade marks involved in confusion cases enhance the presentation. Any practitioner dealing with trademark confusion in infringement proceedings before EU or national courts, or in opposition proceedings before national offices or the EU Intellectual Property Office, will be enabled to approach each case with full awareness of applicable criteria of assessment. This much-needed synthesis of case law will quickly become a standard work among lawyers, examiners and judges acting in trade mark matters.
Book Synopsis International Trademark Licensing by : Stojan Arnerstål
Download or read book International Trademark Licensing written by Stojan Arnerstål and published by Kluwer Law International B.V.. This book was released on 2021-08-11 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasingly, firms use licensing to exploit and commercialize trademarks internationally. In a globalized market, the free flow of goods and services by means of licensing requires detailed knowledge of national legal provisions and principles that apply to agreements of this type. This chapter-by-chapter comparative overview on the law and application of trademark licensing worldwide – including chapters on such key commercial jurisdictions as the EU Member States, the United Kingdom, the United States, Brazil, and Japan – is written by a team of experienced and distinguished attorneys, each representing a particular country. Each contributor describes and analyses legal challenges and offers practical guidance on licensing issues in his or her national jurisdiction. Within this framework, each chapter discusses such issues and topics as the following: country-specific regulations on trademark licensing; particular legal requirements to be complied with prior to entering into a license agreement; antitrust legislation affecting the scope of a license agreement; breach of a trademark licensing agreement; circumstances under which a breach of contract also constitutes a trademark infringement; permitted extent of non-compete or non-challenge clauses; licensee’s standing to sue third parties for trademark infringement; effect of invalidation or expiry of the licensed trademark on the agreement; and licensee’s right to claim entitlement to goodwill in the trademark, or a right to compensation, for investments made in the trademark. Because of the broad range and variety of countries covered, the book will be welcomed by legal practitioners dealing or coming into contact with trademark licensing in practically any jurisdiction. Taken together, the chapters provide invaluable insights into the similarities and differences among the covered jurisdictions, helping trademark holders and their counsel to understand the particulars of a specific market and deciding whether to enter it or not. It will also be valuable as a comprehensive resource for academic researchers or policymakers interested in the international harmonization of intellectual property licensing law.
Book Synopsis EU Trade Mark Law and Product Protection by : Lavinia Brancusi
Download or read book EU Trade Mark Law and Product Protection written by Lavinia Brancusi and published by Taylor & Francis. This book was released on 2023-07-13 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book employs scholarly analysis to ground practical tools for applying the EU Trade Mark law (EUTM) functionality refusal grounds to address business needs when registering trade marks consisting of product characteristics. The study comprehensively examines the absolute grounds for a refusal of registration of functional signs under EUTM. It interprets the functionality refusal grounds through objective tests, focusing on the pro-competition rationale of denying trade mark exclusivity on product features that are technically or aesthetically important for competitors’ ability to trade in alternative products. The work takes a comparative approach looking at the US trade dress functionality doctrine, and a law and economics perspective on the role of trade marks and brands in the marketplace. It explores how competition rules related to market definition and the substitutability of products, as well as marketing and design findings related to branding and aesthetics, could be integrated into the legal assessment of EUTM functionality. The volume will be of interest to academics and researchers working in the areas of Intellectual Property Law, Trade Mark and Design Law, EU Law, Comparative Law, and Branding.
Book Synopsis The Images of the Consumer in EU Law by : Dorota Leczykiewicz
Download or read book The Images of the Consumer in EU Law written by Dorota Leczykiewicz and published by Bloomsbury Publishing. This book was released on 2016-01-28 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book consists of contributions exploring from different perspectives the 'images' of the consumer in EU law. The images of the consumer form the foundation for various EU policies, more or less directly oriented towards the goal of consumer protection. The purpose of the volume is to establish what visions of the consumer there are in different contexts of EU law, whether they are consistent, and whether EU law's engagement with consumer-related considerations is sincere or merely instrumental to the achievement of other goals. The chapters discuss how consumers should be protected in EU contract, competition, free movement and trade mark law. They reflect on the limits of the consumer empowerment rationale as the basis for EU consumer policy. The chapters look also at the variety of concerns consumers might have, including the cost of goods and services, access to credit, ethical questions of consumption, the challenges of excessive choice and the possibility to influence the content of regulatory measures, and explore the significance of these issues for the EU's legislative and judicial process.
