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

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403519916
Total Pages : 469 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 469 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 Law of Trade-marks, Trade-name, and Merchandise Marks

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Author :
Publisher : Рипол Классик
ISBN 13 : 5881984285
Total Pages : 801 pages
Book Rating : 4.8/5 (819 download)

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Book Synopsis The Law of Trade-marks, Trade-name, and Merchandise Marks by : D.M. Kerly

Download or read book The Law of Trade-marks, Trade-name, and Merchandise Marks written by D.M. Kerly and published by Рипол Классик. This book was released on 1913 with total page 801 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Concise European Trade Mark Law

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 904119598X
Total Pages : 827 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 827 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.

The Historical Foundations of the Law Relating to Trade-marks

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Author :
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 158477035X
Total Pages : 246 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis The Historical Foundations of the Law Relating to Trade-marks by : Frank Isaac Schechter

Download or read book The Historical Foundations of the Law Relating to Trade-marks written by Frank Isaac Schechter and published by The Lawbook Exchange, Ltd.. This book was released on 1999 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the exact nature of the right to a trademark? What is the basis of relief in trademark cases of unfair competition? Schechter unravels these problems as he traces the development of the law of trademarks from medieval times to the early twentieth century. ". . . invaluable for starting scholarly research." --Julius J. Marke, A Catalogue of the Law Collection of New York University (1953) 869 "Mr. Schechter has turned up much interesting and hitherto unpublished material concerning the use of guild and artisans' marks in the Middle Ages in England. His chapter (V) on "The Development of Trade Mark Law in the Cutlery Trades," is particularly valuable and contains matter not before in print. It makes understandable the reference to registers of the cutlers' companies in the English Trade Marks Act of 1875." --Edward S. Rogers, Michigan Law Review 24 (1925-1926) 98 Frank Isaac Schechter [1890-1937] received the first doctor of jurisprudence degree given by Columbia University. He was a practicing attorney and authority on trademark law. His father was Solomon Schechter, a Biblical scholar who was the president of the Jewish Theological Seminary and the founder of the United Synagogue of America.

Trade Marks and Brands

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9780521187923
Total Pages : 0 pages
Book Rating : 4.1/5 (879 download)

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Book Synopsis Trade Marks and Brands by : Lionel Bently

Download or read book Trade Marks and Brands written by Lionel Bently and published by Cambridge University Press. This book was released on 2011-03-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developments in trade marks law have called into question a variety of basic features, as well as bolder extensions, of legal protection. Other disciplines can help us think about fundamental issues such as: what is a trade mark? What does it do? What should be the scope of its protection? This volume assembles essays examining trade marks and brands from a multiplicity of fields: from business history, marketing, linguistics, legal history, philosophy, sociology and geography. Each chapter pairs lawyers' and non-lawyers' perspectives, so that each commentator addresses and critiques his or her counterpart's analysis. The perspectives of non-legal fields are intended to enrich legal academics' and practitioners' reflections about trade marks, and to expose lawyers, judges and policy-makers to ideas, concepts and methods that could prove to be of particular importance in the development of positive law.

McCarthy on Trademarks and Unfair Competition

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Author :
Publisher : Clark Boardman Callaghan
ISBN 13 :
Total Pages : 1186 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis McCarthy on Trademarks and Unfair Competition by : J. Thomas McCarthy

Download or read book McCarthy on Trademarks and Unfair Competition written by J. Thomas McCarthy and published by Clark Boardman Callaghan. This book was released on 1996 with total page 1186 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Bombay Law Reporter

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Author :
Publisher :
ISBN 13 :
Total Pages : 1348 pages
Book Rating : 4.E/5 ( download)

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Book Synopsis The Bombay Law Reporter by :

Download or read book The Bombay Law Reporter written by and published by . This book was released on 1901 with total page 1348 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law of Trade Marks

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Author :
Publisher : BoD – Books on Demand
ISBN 13 : 3385517532
Total Pages : 214 pages
Book Rating : 4.3/5 (855 download)

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Book Synopsis The Law of Trade Marks by : John Bigland Wood

Download or read book The Law of Trade Marks written by John Bigland Wood and published by BoD – Books on Demand. This book was released on 2024-06-18 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the original, first published in 1876.

Concise European Trade Mark and Design Law

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Author :
Publisher : Kluwer Law International
ISBN 13 : 9789041156662
Total Pages : 0 pages
Book Rating : 4.1/5 (566 download)

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Book Synopsis Concise European Trade Mark and Design Law by : Charles Gielen

Download or read book Concise European Trade Mark and Design Law written by Charles Gielen and published by Kluwer Law International. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preface --Authors --About the Editors --Introduction --Practical Notes from the Editors --Council Regulation (EC) No 207/2009 as amended by Regulation (EU) 2015/2424 (EU Trade Mark Regulation) --General Provisions (Arts. 1-3) --The Law Relating to Trade Marks --Application for EU Trade Marks --Registration Procedure --Duration, Renewal, Alternation and Division of EU Trade Marks (Arts. 46-49) --Surrender, Revocation and Invalidity --Appeals (Arts. 58-65a) --Specific Provisions on European Union Collective Marks and Certification Marks --Procedure --Jurisdiction and Procedure in Legal Actions Relating to EU Trade Marks --Effects on the Laws of the Member States --The Office --International Registration of Marks --Final Provisions (Arts. 163-167) --EUTMR, Annex I (Fees) --Preamble to Regulation (EU) 2015/2424 --to Regulation (EU) 2015/2424 (Correlation Table CTMIR) --to Proposal for Codified EU Trade Mark Regulation (Correlation Table EUTMR) --Directive (EU) 2015/2436 of the European Parliament and of the Council (Trade Mark Directive) --General Provisions (Arts. 1, 2) --Substantive Law on Trade Marks --Procedures --Administrative Cooperation (Arts. 51, 52) --Final Provisions (Arts. 53-57) --Council Regulation (EC) No. 6/2002 (Community Design Regulation) --The Law Relating to Designs --Community Designs as Objects of Property (Arts. 27-34) --Application for a Registered Community Design --Registration Procedure (Arts. 45-50) --Surrender and Invalidity of The Registered Community Design (Arts. 51-54) --Appeals (Arts. 55-61) --Procedure before the Office --Jurisdiction and Procedure in Legal Actions Relating to Community DesignsTitle IX. Jurisdiction and Procedure in Legal Actions Relating to Community Designs --Effects on the Laws of the Member States (Arts. 95, 96) --Supplementary Provisions Concerning the Office --International Registration of Designs --Final Provisions (Arts. 107-111) --Directive 98/71/EC of the European Parliament and of the Council (Design Directive) --List of Abbreviations --List of Treaties, Legislation and other Documents --List of Cases.

An Economic Perspective on Trade Mark Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 0857936476
Total Pages : 340 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis An Economic Perspective on Trade Mark Law by : Andrew Griffiths

Download or read book An Economic Perspective on Trade Mark Law written by Andrew Griffiths and published by Edward Elgar Publishing. This book was released on 2011-07-29 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This invaluable book will appeal to academics, postgraduate and undergraduate students in the fields of trade mark law, business organization, intellectual property and law and economics. Solicitors and other professionals specializing in trade mark la

Kerly's Law of Trade Marks and Trade Names

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Author :
Publisher :
ISBN 13 : 9781847037701
Total Pages : 1454 pages
Book Rating : 4.0/5 (377 download)

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Book Synopsis Kerly's Law of Trade Marks and Trade Names by : Sir Duncan Mackenzie Kerly

Download or read book Kerly's Law of Trade Marks and Trade Names written by Sir Duncan Mackenzie Kerly and published by . This book was released on 2011 with total page 1454 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive practitioner text on the UK law of trade marks and trade names. The book provides trade mark practitioners with a comprehensive analysis of trade mark law through a mix of commentary, case law and legislation.

Trade Mark Law and Sharing Names

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Author :
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.

Lawful Living

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Publisher :
ISBN 13 : 9780639903538
Total Pages : 192 pages
Book Rating : 4.9/5 (35 download)

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Book Synopsis Lawful Living by : Owen Salmon

Download or read book Lawful Living written by Owen Salmon and published by . This book was released on 2017 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains provisions that have been rewritten in plain language, and neatly arranged so that you will find and understand them quickly. Focuses on culture, health, and welfare, including liquor laws.

Trade Marks Law

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Author :
Publisher :
ISBN 13 : 9781905536801
Total Pages : 0 pages
Book Rating : 4.5/5 (368 download)

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Book Synopsis Trade Marks Law by : Glen Gibbons

Download or read book Trade Marks Law written by Glen Gibbons and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Suitable for practitioners, university students, solicitors and barristers practising in the area of commercial law, and the law departments of large corporations in Ireland.--

Basic Facts about Trademarks

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Publisher :
ISBN 13 :
Total Pages : 16 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Basic Facts about Trademarks by :

Download or read book Basic Facts about Trademarks written by and published by . This book was released on 1988-08 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Catalogue of All the More Important British and Colonial Law Books Published During the Last Twelve Months, with a List of Current Periodicals ... Forming a Supplement ...

Download Catalogue of All the More Important British and Colonial Law Books Published During the Last Twelve Months, with a List of Current Periodicals ... Forming a Supplement ... PDF Online Free

Author :
Publisher :
ISBN 13 :
Total Pages : 144 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Catalogue of All the More Important British and Colonial Law Books Published During the Last Twelve Months, with a List of Current Periodicals ... Forming a Supplement ... by :

Download or read book Catalogue of All the More Important British and Colonial Law Books Published During the Last Twelve Months, with a List of Current Periodicals ... Forming a Supplement ... written by and published by . This book was released on 1908 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law of Trade-marks, Trade Name, and Merchandise Marks

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Author :
Publisher :
ISBN 13 :
Total Pages : 934 pages
Book Rating : 4.:/5 (3 download)

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Book Synopsis The Law of Trade-marks, Trade Name, and Merchandise Marks by : Sir Duncan Mackenzie Kerly

Download or read book The Law of Trade-marks, Trade Name, and Merchandise Marks written by Sir Duncan Mackenzie Kerly and published by . This book was released on 1901 with total page 934 pages. Available in PDF, EPUB and Kindle. Book excerpt: