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

Special Protection of Trade Marks with a Reputation under European Union Law
Author: Michal Bohaczewski
Publisher: Kluwer Law International B.V.
Total Pages: 445
Release: 2020-04-09
Genre: Law
ISBN: 9403519916

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.

Guide to the International Registration of Marks under the Madrid Agreement and the Madrid Protocol

Guide to the International Registration of Marks under the Madrid Agreement and the Madrid Protocol
Author: World Intellectual Property Organization
Publisher: WIPO
Total Pages: 191
Release: 2019-09-11
Genre: Law
ISBN: 9280530542

This Guide is primarily intended for applicants and holders of international registrations of marks, as well as officials of the competent administrations of the Member States of the Madrid Union. It leads them through the various steps of the international registration procedure and explains the essential provisions of the Madrid Agreement, the Madrid Protocol and the Common Regulations.

Making a Mark: An Introduction to Trademarks for Small and Medium-Sized Enterprises

Making a Mark: An Introduction to Trademarks for Small and Medium-Sized Enterprises
Author: World Intellectual Property Organization
Publisher: WIPO
Total Pages: 36
Release: 2004-10-12
Genre: Law
ISBN: 9280511521

This guide is the first in a series of guides on “Intellectual Property for Business.” It is devoted to trademarks, a central element in the marketing and branding strategy of any company. It seeks to explain trademarks from a business perspective.

Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks

Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks
Author: World Intellectual Property Organization
Publisher: WIPO
Total Pages: 34
Release: 2000
Genre: Competition, Unfair
ISBN: 9789280508581

The Recommendation is the first implementation of WIPO's policy to adapt to the pace of change in the field of industrial property by considering new options for accelerating the development of international harmonized common principles. It provides a set of guidelines for the protection of well-known marks that are recommended to States.

International Trade Mark and Signs Protection

International Trade Mark and Signs Protection
Author: José de Oliveira Ascensão
Publisher:
Total Pages: 1352
Release: 2010
Genre: Intellectual property
ISBN:

This book is concerned with the law of trademarks and related signs, including company names, domain names, indications of geographical origin, work names, and other names. It consists of a series of comprehensive and practical reports from 14 of the world's most important economies - Austria, Belgium, Canada, China, the Czech Republic, France, Germany, Italy, Japan, the Netherlands, Portugal, Russia, Switzerland, and the United Kingdom - each detailing the present state of the law in that jurisdiction. For many multi-national companies, their knowledge of trademarks and signs has never been more important. Infringement of valuable signs and trademarks can lead to multi-million dollar disputes and, correspondingly, large settlements and awards. The book is designed to enable multi-national enterprises to understand the different legal environments in which they operate and to plan their legal and commercial strategies accordingly, avoiding disputes and protecting their own intellectual property assets. Moreover, the book enables communication with foreign advisers and helps to avoid the pitfalls and misunderstandings arising from advice and information given and received across borders. Besides being organized by jurisdiction, the book deals with all types of trademarks or signs, using the same analytical method - formation, cancellation, proprietorship, transfer, license, conflicts between signs, scope of protection, opposition to registration, types of claims, and procedures - and, in respect of each jurisdiction, the authors set out the best strategy for safeguarding the goodwill related to trademarks and signs. The second and third parts of the book offer an overview of modern approaches to the marketing of trademarks and signs, as well as accepted market valuation methods. The system used to organize the account of trademark law in each country facilitates straightforward and quick access to the relevant laws. Within each country report, the authors focus on potential conflicts between signs and trademarks, thus adding to the practical value of the book. The authors are all experienced and well-known experts in their own countries, and their collective approach makes the content clear, coherent, concise, and practical-oriented

Trademark Protection and Territoriality Challenges in a Global Economy

Trademark Protection and Territoriality Challenges in a Global Economy
Author: Irene Calboli
Publisher: Edward Elgar Publishing
Total Pages: 359
Release: 2014-01-31
Genre: Law
ISBN: 1781953910

The contributors explore how the rise of international trade and globalization has changed the way trademark law functions in a number of important areas, including protection of well-known marks, parallel imports, enforcement of trademark rights again

The Cambridge Handbook of International and Comparative Trademark Law

The Cambridge Handbook of International and Comparative Trademark Law
Author: Irene Calboli
Publisher: Cambridge University Press
Total Pages: 0
Release: 2023-03-30
Genre: Law
ISBN: 9781009293136

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.

Primer on International Copyright and Related Rights

Primer on International Copyright and Related Rights
Author: Jørgen Blomqvist
Publisher: Edward Elgar Publishing
Total Pages: 279
Release: 2014-05-30
Genre: Law
ISBN: 1783470976

This Primer offers a concise yet wide-ranging introduction to the international norms on copyright and related rights. Expertly written, it describes and analyzes the relevant conventions, treaties and agreements, from the 1886 Berne Convention through to the 2013 Marrakesh VIP Treaty.

The Regulation of International Trade

The Regulation of International Trade
Author: Michael J. Trebilcock
Publisher: Psychology Press
Total Pages: 780
Release: 2005
Genre: Commercial treaties
ISBN: 9780415700344

Fully updated, this new edition takes account of the most recent developments in international trade. Drawing on the success of the earlier edition, it provides a comprehensive introduction to the rules and institutions that govern international trade, including: competition, labor rights, the Multilateral Agreement of Investment, the Basic Telecoms and Financial Services World Trade Organization (WTO) Agreements, and an analysis of the first three years of WTO dispute rulings. Copyright © Libri GmbH. All rights reserved.