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.
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.
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.
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.
Download or read book The Confusion Test in European Trade Mark Law written by Ilanah Simon Fhima and published by Oxford University Press, USA. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction: The Likelihood of Confusion --Similarity of Marks --Composite Marks --Similarity of Goods and Services --Distinctiveness of the Marks --Assessing Likelihood of Confusion --The Timing of Confusion --Non-Traditional Marks and the Likelihood of Confusion.
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 528 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.
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.
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.
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.
Download or read book Trade Marks in Europe written by Spyros M. Maniatis and published by . This book was released on 2010 with total page 1013 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Genuine Use of Trademarks written by Eléonore Gaspar and published by Kluwer Law International B.V.. This book was released on 2021-08-18 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the issue of trademark use that may be required for the protection and/or maintenance of trademark rights. Since the first edition of this book in 2018, there have been significant modifications in some countries, particularly, following the implementation of EU Directive 2015/2436 in the EU countries. Laws around the world do not attach the same consequence to the lack of use of a trademark, and courts do not always assess in the same way whether a trademark is genuinely used. This is a fundamental issue for trademark owners since, depending on the jurisdiction, lack of genuine use can lead to the refusal of trademark registration, the revocation of trademark rights, or prevent the owner of a non-used trademark from initiating an action based on its trademark. This detailed analysis provides clarity, insight, and guidance on the legal issues and practical implications of genuine use of trademarks in twenty-six jurisdictions worldwide. This book was developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels. This topic was the subject of an AIPPI study, and its subsequent Resolution – The Requirements of Genuine Use of Trademarks for Maintaining Protection (2011, Hyderabad) – which aims to harmonize this issue of genuine use of trademarks. The authors of the chapters for each jurisdiction were carefully selected based on their extensive experience and in-depth knowledge of trademark protection in their respective jurisdictions. Each chapter considers issues and topics such as the following: types of use that qualify as genuine use of a trademark, including requirements as to whether uses are consistent with the function of the trademark or made in the course of trade; requirements as to the volume, duration, and frequency of use; impact of the trademark’s designation of goods and services; issues relating to the sign used, particularly, if it is used in a different form from the registered trademark (this includes consideration of alteration of the distinctive character, or the potential impact of a plurality of registered trademarks for different signs, or the question of use in black and white or in colour); proof to be provided to evidence genuine use as a trademark, including issues of timing and territory; situations in which the issue of genuine use can be of importance; valid reasons for non-use; consequences of lack of use depending on the context, including possible revocation of trademark rights; and case law examples. As a comparative law study and a collection of contributions from around the world on a key issue of trademark law, this book is of tremendous practical interest. Trademark owners, parties involved in or contemplating enforcement proceedings, and interested legal practitioners will benefit greatly from its thorough comparative analysis and guidance. It is also exceptionally valuable as a comprehensive resource for academics and researchers interested in the international harmonization of trademark law.
Download or read book Trade Mark Law in Europe written by Alexander von Mühlendahl and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of the ever-growing and developing jurisprudence of the Court of Justice and the General Court, and forthcoming substantive and systemic changes to the law, there is a need for a fresh and practical approach to the procedure and case law of trade marks in Europe. Trade Marks in Europe is a comprehensive guide to European trade mark law following the jurisprudence of the Court of Justice of the European Union and the case law of the General Court. It provides a wide-ranging overview of the trade mark system, including detailed and critical discussion of forthcoming changes, as well as an in-depth look at the life of a trade mark up to enforcement. It considers the conditions for maintaining a registration, the protection and enforcement of trade marks, and the interface between trade mark law and other areas of practice. Finally, it offers detailed and insightful analysis of current developments, challenges, and opportunities. This is complemented by an international and comparative approach which selectively considers the contemporary jurisprudence of the Supreme Court of the United States and general US practice, as well as national jurisprudence in areas not yet covered by the CJEU. Written by highly-regarded authors with considerable expertise across a range of constituencies, Trade Marks in Europe is a timely and important study of this complex and challenging area of law.
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.
Download or read book Trade Mark Dilution in Europe and the United States written by Ilanah Simon Fhima and published by Oxford University Press, USA. This book was released on 2011-11-03 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The only comparison of EU and US protection against trade mark dilution, this book provides a complete overview of the dilution action, enabling practitioners to better protect trade marks against dilution or to combat dilution claims. Through clear and practical tests for the different types of dilution, this book demonstrates how to prove that a mark is famous, how to prove blurring, tarnishment and unfair advantage and how to prove lack of due cause. It gives clear guidance on the meaning of association and the role of similarity of goods, as well as the US dilution defences, the level of proof required and the 'actual versus likely' dilution question. By examining the justifications offered for dilution, the book places the dilution action in the wider context of the trade mark system, allowing readers to understand the issues behind the law and to consider whether the law appropriately meets these justifications. It considers the fundamental questions raised about trade marks, including whether the main aim of trade marks is to protect the public from being confused, or the investment of trade mark owners in building up their reputations. The book also considers how well the EU and the US take these questions into account in balancing the interests of trade mark owners, their competitors and the public through the dilution action. Dilution is at the cutting edge of trade mark law, extending its protection beyond traditional boundaries to situations where defendants using trade marks are not causing confusion. This book provides practitioners with all the information they need both to protect trade marks against dilution and to prevent them being the subject of dilution claims.
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.
Download or read book Trademark Protection and Freedom of Expression written by Wolfgang Sakulin and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trademark law grants right holders an exclusive right to prevent third parties from using a sign. This can readily be seen as the antithesis of freedom of expression, which arguably includes a right of third parties to non-exclusive use of a sign for a variety of purposes, ranging from informing consumers, to voicing criticism or to artistic expression. Drawing on cultural theory and which has shown that society is involved in a constant struggle about shaping the meaning of signs (including trademarks) and this highly original and provocative book contends that trademark law fails to sufficiently differentiate between commercial purpose and the social, political, or cultural meanings carried by one and the same sign. The author shows that the andfunctional approachand to justifying trademark rights taken in current jurisprudence and doctrine is deficient, in that it does not take sufficient account of the fact that trademark rights can restrict the freedom of expression of third parties. Specifically, the exercise of rights granted under the European Trademark Regulation and the national trademark rights harmonized by the European Trademark Directive can cause a disproportionate impairment of the freedom of commercial and non-commercial expression of third parties as protected by Article 10 of the European Convention on Human Rights (ECHR). The authorands in-depth analysis explores such elements as the following: o the economic and ethical rationales of trademark rights; o whether trademark rights under European law can be justified by these rationales; o how freedom of expression can serve as a limitation to trademark rights; o what level of protection such freedom of expression grants to third parties; o the role of trademarks of social, cultural, or political importance in public discourse; o chilling effects on public discourse that can be caused by the exercise of trademark rights; o the interpretation of provisions regulating the grant and revocation of trademark rights in light of freedom of expression; and o the interpretation of the scope of protection and the limitations of trademark rights in light of freedom of expression. In effect, the analysis serves to expand the focus of legislators, courts, and trademark registering authorities from the interests of trademark right holders, who seemingly are granted ever more protection, to the justified interests of third parties. The critical analysis of existing trademark law leads the author to clearly identify the areas of trademark law in which the law needs to be reinterpreted and the areas in which legislative action should be taken, with recommendations for a number of limitations that should aid legislators in drafting concrete amendments. The new insights and imperatives provided by this book are sure to prove useful to both courts interpreting existing provisions of trademark laws and to legislators who are faced with the challenges of drafting new rules or revising existing laws.
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.
