The Legal Aspects Of The Community Trade Mark

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The Legal Aspects of the Community Trade Mark

Author : Mark Milford
Publisher : Springer
ISBN 13 : 9789041198310
Total Pages : 0 pages
Book Rating : 4.1/5 (983 download)

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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.

Community Trade Mark Law

Author : Frank Bøggild
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041162216
Total Pages : 714 pages
Book Rating : 4.0/5 (411 download)

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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.

European Trade Mark Law

Author : Annette Kur
Publisher : Oxford University Press, USA
ISBN 13 : 9780199680443
Total Pages : 704 pages
Book Rating : 4.6/5 (84 download)

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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.

Trademark Law and Theory

Author : Graeme B. Dinwoodie
Publisher : Edward Elgar Publishing
ISBN 13 : 1848441312
Total Pages : 555 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis Trademark Law and Theory by : Graeme B. Dinwoodie

Download or read book Trademark Law and Theory written by Graeme B. Dinwoodie and published by Edward Elgar Publishing. This book was released on 2008 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: Boasting an impressive list of contributors, this first edition of Trademark Law and Theory brings together a compilation of well-written and powerfully argued works by leading international academics. The book is certainly one of the most extensive and thought provoking overviews of contemporary trademark law and theory yet to be published. . . Whilst all the contributions share in common their examination of the rapidity of change within trademark systems, the editors should be commended on their generous seasoning of other cross cutting themes throughout the Handbook. . . This fascinating compendium enriches our understanding of the shape, substance, and form of trademark law and theory. . . this Handbook is perhaps a rare exception to the adage that no book can be all things to all men . Its broad sweep approach and cross cutting themes enable a range of interested parties, such as policymakers; academics in the fields of marketing, business, consumer psychology; in addition to the usual suspects; to dip in and out of the Handbook as they wish. . . a unique and erudite collection of essays concerning trademark law and theory. . . Odette Hutchinson, Communications Law Trademarks is an area of vital, practical everyday concern, and the idea of producing a volume that brings together the perspectives of 19 thoughtful and experienced legal scholars is a bold and exciting initiative. The present volume does not disappoint and the two editors are to be congratulated on orchestrating an ensemble that simultaneously informs and stimulates. The title is apt: it is truly contemporary and is highly theoretical and doctrinal in character, while the interesting choice of the word handbook suggests clearly that this is a work in progress, a snapshot at a particular time of the challenging lines of individual research that each contributor to the volume is undertaking. It is a fine addition to a larger series of research handbooks in intellectual property published by Edward Elgar under the series editorship of Jeremy Phillips. . . The editors have done a fine job in presenting this material in such a clear and coherent fashion. . . this is an excellent and rewarding volume of readings that will be of interest to anyone working in the area of trademarks, whether as an academic or as a practitioner. Indeed, for the practitioner it will be of particular value, in that it contains, and opens up, many areas of inquiry that may not always be apparent when working at the coalface of a particular problem. . . For both kinds of readers, the real value of the volume is to have so many different kinds of perspectives brought together within the space of a single volume. . . this is a handsome production: the publishers and editors are to be commended on the clarity and cleanness of the typeface and headings, the thoroughness of the index, and the accuracy of their proof reading. It has also been given a striking and evocative cover. Sam Ricketson, University of Melbourne Law School Australia, European Intellectual Property Review Trademark Law and Theory is a first-rate exploration of the issues that will dominate trademark law in the 21st century. Authors from five continents provide a truly global perspective on the present and future of trademark law. An exceptional collection of contributors and contributions. Robert Denicola, University of Nebraska, US This compendium is an excellent source of writing on all aspects of trademark law and practice by experts from Europe, the United States, South Africa, Singapore, New Zealand and Australia. It will be a stimulating read for lawyers, academics, students and policymakers alike on the present and developing trends in law and policy relating to trademarks as marketing tools and cultural artefacts. The editors deserve congratulation on their concept for the book and their judicious selection of material. David Vaver, University of Oxford, UK All students, young and older, in the burgeoni

Trade Mark Law and Sharing Names

Author : Ilanah Simon Fhima
Publisher : Edward Elgar Publishing
ISBN 13 : 1848447477
Total Pages : 231 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis Trade Mark Law and Sharing Names by : Ilanah Simon Fhima

Download or read book Trade Mark Law and Sharing Names written by Ilanah Simon Fhima and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are a number of points throughout the trade mark system where multiple undertakings share the same name, either unwillingly, or by consent. In this timely book, expert contributors address this controversial issue and identify the various points at which names are shared. This unique book uses both historical and interdisciplinary perspectives, as well as more traditional legal methodology, to examine the practical and theoretical implications of such name sharing for the parties involved. It analyses what can be learned from the sharing process about the nature of the trade mark system and the interests which it protects. General themes relating to the nature and purpose of trade mark law are also discussed. The contributors focus on UK and European law and their detailed treatment of specific trade mark topics will prove invaluable to postgraduate law students and academics specialising in intellectual property. Legal practitioners will appreciate the up-to-date consideration of concepts important in both contentious and non-contentious trade mark practice and in-house counsel for brand owners will benefit from the expert guidance offered on issues relevant to protecting their trade marks.

Trade Marks

Author : Alison Firth
Publisher : Jordans
ISBN 13 : 9780853087946
Total Pages : 387 pages
Book Rating : 4.0/5 (879 download)

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Book Synopsis Trade Marks by : Alison Firth

Download or read book Trade Marks written by Alison Firth and published by Jordans. This book was released on 2005 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade Marks: Law and Practice is a concise account of UK trade marks law within the European and international context. This second edition deals with all the relevant domestic and international developments. The text incorporates and analyzes the ongoing amendments to the Trade Marks Act 2004, amendments to the Trade Marks Rules 2000, and the expansion of the system of international registration of trade marks under the Madrid Protocol and the International Trademark Treaty. The appendixes include helpful consolidated versions of the Act and the Rules. The work offers a coherent and logical analysis of the legal framework in which trade marks operate. It considers the commercial functions of trade marks and how to use them, how to protect trade marks, and the process of registration, licensing, and assignment.

European Trademark Law

Author : Tobias Cohen Jehoram
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041131574
Total Pages : 730 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis European Trademark Law by : Tobias Cohen Jehoram

Download or read book European Trademark Law written by Tobias Cohen Jehoram and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 730 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Trademark Law describes all relevant developments in both legislation and case law, in particular of the Court of Justice, offering not only a succinct introduction to the theory, structure and nature of trademark law, but also insightful suggestions for resolving and answering a host of practical problems. As the authors note, their book provides an 'overview of trademark law rather than an overview of trademark legislation.' The authors view the law from different perspectives; they take both the European perspective and the perspective from harmonised national trademark law, in particular as it is in the Benelux countries. Paying particular attention to the implications of the considerable stream of case law that has followed from partially new doctrines set in place by the harmonization process, the book greatly clarifies the workings and interrelations of such factors as the following: situations that did not constitute infringement under former trademark law but do constitute infringement today and vice versa; different types of marks and their particularities; registration and opposition procedures; relevant international treaties; requirements for the mark; grounds for refusal and invalidity; scope of and limitations to trademark protection; use of trademarks in comparative advertising; referential use of trademarks; use of trademarks on the internet; exhaustion of rights, parallel trade; concepts of well known trademarks and trademarks with a reputation; procedural aspects of enforcing trademark rights; how trademark rights are lost.The analysis also covers specific aspects of the trademark right that are related to other legal areas, such as property law, trade name law, the law regarding geographical indications of origin, copyright law, competition law, and product liability. An especially valuable part of the book's presentation follows the 'life' of a trademark from filing the application up to and including its cancellation, revocation or invalidity.

Trade Mark Law in Europe

Author : Ulrich Hildebrandt
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403541377
Total Pages : 750 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Trade Mark Law in Europe by : Ulrich Hildebrandt

Download or read book Trade Mark Law in Europe written by Ulrich Hildebrandt and published by Kluwer Law International B.V.. This book was released on 2024-01-16 with total page 750 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade mark law practitioners agree that Ulrich Hildebrandt’s Trade Mark Law in Europe hugely enhances their work. This fourth edition follows the same well-known, intensely practical, time-saving format, with each provision of current law (Directive 2015/2436) reproduced in its original English wording and annotated with relevant passages from all relevant decisions of the European Court of Justice, as well as relevant provisions of the Community Trade Mark Regulation and the national trade mark acts of all Member States implementing the Directive. The author’s expert commentary on each provision expressly marks major changes to previous versions of the Directive, highlights when case law concerning a previous version remains relevant and translates passages that lack an official English text. Among the fundamental questions addressed are the following: When is it possible to register a geographical indication as a trademark? Are colours and sounds capable of registration? When may the reputation of a mark be invoked to protect it? How mundane could a sign be and still claim to be distinctive? When can it be said that there has been no genuine use of a trade mark? Where does the Court’s function theory influence the trademark law? Given a topic or keyword, appendices assist in the quick finding of any provision of the Directive and relevant case law. There is no other resource presenting the original wording of ECJ case law, broken down by specific points of law and directly related on an article-by-article basis to EU and Member State trade mark legislation. As a highly organized presentation of key information, this is an ideal initial tool that makes any research into European trade mark law fast and easy, whether for academic purposes or actual legal practice. Lawyers, in-house counsel, judges, and academics will all welcome this new edition.

A Practical Guide to Trade Mark Law

Author : Amanda Michaels
Publisher :
ISBN 13 :
Total Pages : 334 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis A Practical Guide to Trade Mark Law by : Amanda Michaels

Download or read book A Practical Guide to Trade Mark Law written by Amanda Michaels and published by . This book was released on 1996 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This introduction to the commercial use of brands and trade marks has been revised and updated to incorporate developments in UK law with particular reference to legislation concerning service marks as introduced by the Trade Marks (Amendment) Act 1984 and the Patents Designs and Trade Marks Act 1986. It deals with the use of trade marks in commercial practice as well as the registration and legal remedies available to the trade mark owner. The book includes a number of illustrations showing the variety of uses for trade marks, plus products which are counterfeit or infringe the regulations.

The Law and Practice of Trademark Transactions

Author : Irene Calboli
Publisher : Edward Elgar Publishing
ISBN 13 : 1783472138
Total Pages : 681 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis The Law and Practice of Trademark Transactions by : Irene Calboli

Download or read book The Law and Practice of Trademark Transactions written by Irene Calboli and published by Edward Elgar Publishing. This book was released on 2016-02-26 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law and Practice of Trademark Transactions is a comprehensive analysis of the law governing trademark transactions in a variety of legal and business contexts, and from a range of jurisdictional and cross-border perspectives. After mapping out the international legal framework applicable to trademark transactions, the book provides an analysis of important strategic considerations, including: tax strategies; valuation; portfolio splitting; registration of security interests; choice-of-law clauses; trademark coexistence agreements, and dispute resolution mechanisms. Key features include: • A comprehensive overview of legal and policy-related issues • A blend of approaches underpinning strategic considerations with analytical rigour • Regional coverage of the key characteristics of trademark transactions in a range of jurisdictions • Authorship from renowned trademark experts Practitioners advising trademark owners, including trademark attorneys, will find this book to be an invaluable resource for their practice, particularly where cross-border issues arise. It will also be a key reference point for scholars working in the field.

National law relating to the community trade mark : information brochure of the Office for Harmonization in the Internal market (Trade marks and designs)

Download National law relating to the community trade mark : information brochure of the Office for Harmonization in the Internal market (Trade marks and designs) PDF Online Free

Author :
Publisher :
ISBN 13 : 9789291560301
Total Pages : 106 pages
Book Rating : 4.5/5 (63 download)

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Book Synopsis National law relating to the community trade mark : information brochure of the Office for Harmonization in the Internal market (Trade marks and designs) by :

Download or read book National law relating to the community trade mark : information brochure of the Office for Harmonization in the Internal market (Trade marks and designs) written by and published by . This book was released on 1999 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Community Trade Mark Regulation

Author : P. A. C. E. van der Kooij
Publisher :
ISBN 13 :
Total Pages : 360 pages
Book Rating : 4.3/5 (91 download)

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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

Trade Marks at the Limit

Author : Jeremy Phillips
Publisher : Edward Elgar Publishing
ISBN 13 : 1847200125
Total Pages : 309 pages
Book Rating : 4.8/5 (472 download)

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Book Synopsis Trade Marks at the Limit by : Jeremy Phillips

Download or read book Trade Marks at the Limit written by Jeremy Phillips and published by Edward Elgar Publishing. This book was released on 2006-01-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . the book differs from the norm in addressing issues not conventionally found in the more standard trade mark works and in dealing with the subject not in the traditional textbook manner but in a series of contributions from a panel of distinguished international experts. . . While there will always be a need for the detailed and comprehensive academic and practitioner tomes, books such as this give the reader access to the cutting-edge minds of a number of leading experts in their fields. Books of this nature encourage the reader to question and challenge the current status of the law the only way law can evolve. In both its structure and its content this book is highly commended. Colin R. Davies, European Intellectual Property Review Trade Marks at the Limit is a collection of current, informed and original essays on different aspects of a topic that unites trade mark owners, practitioners and potential infringers alike the fine borderline that separates permitted use of another business s trade mark from a use that constitutes trade mark infringement. This important and groundbreaking book first examines the international legal framework for regulating unauthorised use of the trade marks of others. Then writers from both sides of the Atlantic and from Australia look at the practical problems and conceptual issues that the courts face in striking a balance between the needs of trade mark owners, their competitors, businesses that provide downstream services, and also consumers. The authors address industry specific issues involving the financial services sector and consumer goods as well as problems raised by comparative advertising, the need to protect free speech, the problems faced when dealing with non-traditional trade marks and the special case of multilingual jurisdictions. Authored by leading legal practitioners and consultants in related sectors, Trade Marks at the Limit is the first book to bring these issues together under the banner of permitted but unauthorised trade mark use.

Concise European Trade Mark Law

Author : Verena von Bomhard
Publisher : Kluwer Law International B.V.
ISBN 13 : 904119598X
Total Pages : 1026 pages
Book Rating : 4.0/5 (411 download)

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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.

Special Protection of Trade Marks with a Reputation under European Union Law

Author : Michal Bohaczewski
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403519916
Total Pages : 445 pages
Book Rating : 4.4/5 (35 download)

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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.

The Community Trade Mark

Author : Julian Gyngell
Publisher :
ISBN 13 : 9780939190188
Total Pages : pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Community Trade Mark by : Julian Gyngell

Download or read book The Community Trade Mark written by Julian Gyngell and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Average Consumer in Confusion-based Disputes in European Trademark Law and Similar Fictions

Author : Rasmus Dalgaard Laustsen
Publisher : Springer Nature
ISBN 13 : 3030263509
Total Pages : 435 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis The Average Consumer in Confusion-based Disputes in European Trademark Law and Similar Fictions by : Rasmus Dalgaard Laustsen

Download or read book The Average Consumer in Confusion-based Disputes in European Trademark Law and Similar Fictions written by Rasmus Dalgaard Laustsen and published by Springer Nature. This book was released on 2019-11-06 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contends that, with regard to the likelihood of confusion standard, European trademark law applies the average consumer incoherently and inconsistently. To test this proposal, it presents an analysis of the horizontal and vertical level of harmonization of the average consumer. The horizontal part focuses on similar fictions in areas of law adjacent to European trademark law (and in economics), and the average consumer in unfair competition law. The vertical part focuses on European trademark law, represented mainly by EU trademark law, and the trademark laws of the UK, Sweden, Denmark and Norway. The book provides readers with a better understanding of key aspects of European trademark law (the average consumer applied as part of the likelihood of confusion standard) and combines relevant law and practices with theoretical content and other related areas of law (and economics). Accordingly, it is an asset for policymakers and practitioners, as well as general readers with an interest in intellectual property law and theory.