General Information Concerning Trade Marks
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General Information Concerning Trade-marks
Author | : United States. Patent Office |
Publisher | : |
Total Pages | : 36 |
Release | : 1966 |
Genre | : Trademarks |
ISBN | : |
Special Protection of Trade Marks with a Reputation under European Union Law
Author | : Michal Bohaczewski |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 469 |
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.
Things to Know about Trade-marks
Author | : J. Walter Thompson Company |
Publisher | : |
Total Pages | : 108 |
Release | : 1911 |
Genre | : Trademarks |
ISBN | : |
General Information Concerning Patents
Author | : DIANE Publishing Company |
Publisher | : DIANE Publishing |
Total Pages | : 52 |
Release | : 1994-11 |
Genre | : Law |
ISBN | : 9780788114588 |
Provides general information about patents & the operation of the U.S. Patent & Trademark Office. Attempts to answer many of the questions commonly asked of the Office. Covers: attorneys & agents; filing fees; plant patents; maintenance fees; interfernces; specification (description & claims); disclosure document; models, exhibits & specimens; infringement of patents; design patents; foreign applicants for U.S. patents, & much more. Not intended to be a comprehensive textbook on patent law or a guide for the patent lawyer. Illustrated.
General Information Concerning Patents
Author | : United States Patent and Trademark Office |
Publisher | : |
Total Pages | : 52 |
Release | : 1982 |
Genre | : Patents |
ISBN | : |
Trade Marks and Brands
Author | : Lionel Bently |
Publisher | : Cambridge University Press |
Total Pages | : 0 |
Release | : 2011-03-03 |
Genre | : Law |
ISBN | : 9780521187923 |
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.