Download or read book The Community Trade Mark Europe in 1996 and Beyond written by International Trademark Association and published by . This book was released on 1996 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 The European Trade Mark Companion 1996 7 written by Jeremy Phillips and published by . This book was released on 1997 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
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.
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 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 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 EU Marks a Quarter of a Century written by Flip Petillion and published by . This book was released on 2022-04 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks back on 25 years of pioneering EU trade mark practice, as viewed by various experts from all over Europe. The first two contributions focus on the EUIPO's convergence efforts with the national trade mark offices and the impact of EU case law on national trade mark practice, respectively. The evolution of the EU trade mark system is further addressed through a wide variety of subjects of substantive law. The last chapter offers and analysis of the impact of Brexit on EU trade marks.
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 The Trade mark Reporter written by and published by . This book was released on 2003 with total page 898 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book European Community Trademark Commentary to the European Community Regulations written by Miguel A. Baz and published by Springer. This book was released on 1997-11-26 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: An established trademark indicates quality and provides valuable recognition for trade and sales promotion. Without adequate protection, these essential functions are jeopardized. The need for unification in this area, especially in Europe, can no longer be ignored. The Community Directive and Regulation are the response to this need. This commentary provides the texts of essential legislation and offers an analysis of the Directive and Regulation in their historical context. Coverage includes issues such as: grounds for refusal entitlement registration procedures jurisdiction and procedure in legal actions the impact of the Community trademark on applicants from non-member countries The transformation of the Council Directive and the Commission Regulations into national laws in many Member States of the European Union (EU) enhances the value of European Community Trade Mark in the interpretation and analysis of national European trademark laws. Written by leading European experts in the field, this commentary provides an invaluable tool for practitioners, scholars, and marketing managers in interpreting the Community provisions in this specialized, critical area. It is unique in its coupling of a strong theoretical background with the experience of contributors from diverse legal and practical cultures.
Download or read book The Need for a European Trade Mark System written by Commission of the European Communities. Working Group on the Community Trade Mark and published by . This book was released on 1979 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trade mark law in Europe written by and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 The European Union Trade Mark written by Mark Holah and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2016 sees substantial changes to the European Union Trademark (EUTM) system, not least the change of name. This practical guide describes how the EUTM system works following those changes.
Download or read book European Union written by Hepworth Lawrence Bryer and Bizley and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
