Practitioner's Manual for Trade Mark Prosecution and Litigation in the EU

Author: Dr Felix Hauck
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414046214
Published In: September 2011
Format: Paperback
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

Out of stock

Description
Contents

Details

Your guide to trademarks in the EU

Provides general knowledge of the trademark system in the EU, taking you through the basic legal principles and the significance of filing and litigation strategies
Shows how the trademark laws of the EU member states have been harmonised, as well as looking at the non-harmonised areas of law
Brings you commentary on the Community Trademark Directive including the must-know decisions of the European Court of Justice, in particular with respect to the question of likelihood of confusion
Deals with the filing options provided by the EU trademark system and the Madrid Agreement, including the interplay between both systems; providing you with case examples and filing advice

Complete coverage

Explains the judicial trademark system for the 13 most important EU member states and contains valuable information on the local fees and the necessary involvement of local attorneys
Guides you through the procedure for obtaining a community trademark, explains the particularities of a Community Trademark compared with national trademarks and looks at the possibilities of enforcing it at a national and at a EU level
Goes through the options and costs of enforcing trademark claims in court and out of court in each country; this includes C&D letters and preliminary injunction proceedings
Outlines the proceedings for a trademark application in each of the national registering offices, including costs, scope of examinations, timescales, and remedies in case of refusal
Covers the opposition, revocation and judicial proceedings on a national and on a EU level, including costs, scope of examinations, timescales, and remedies in case of refusal
Sets out multistate filing and litigation strategies and explains the possibilities of forum shopping
Adopts a country by country approach, making it easy to compare proceedings for enforcement claims for each jurisdiction
Compares the advantages and disadvantages of a community trademark and a national trademark registration

All the case-law and materials you need

Contains approximately 60 judgments of the European Court of Justice including the most recently issued judgment DHL Express France v Chronopost
Annexes contain fee schedules for WIPO and OHIM filing, a list of useful web links (e.g. to free-of-charge trademark databases, legislation and case law) and case law statistics

Preface

Introduction

Chapter 1: Harmonisation of the laws of the Member States relating to the protection and enforcement of trademark rights

A. Harmonised law

I. Trademark directive

II. IPR enforcement directive

III. EU customs regulation EC/1383/2003

IV. Paris Convention for the protection of Industrial Property

V. WTO-TRIPS

VI. Community trademark regulations

B. Non-harmonised law

I. Substantive trademark law

II. Rules of procedure

Chapter 2: EU / Community Trademark

A. General Information

B. Judicial trademark system

C. Fees

D. Attorneys

E. Prosecution

F. Litigation

G. Enforcement of decisions of a CTM court

H. Trademark agreements

Chapter 3: Country by country sections

A. General Information

B. Judicial trademark system

C. Lawyers/Patent attorneys

D. Fees

E. Prosecution

F. Litigation & Enforcement

G. Trademark agreements

Countries:

Germany
United Kingdom
France
Italy
Spain
Ireland
Sweden
Finland
Denmark
Austria
Belgium
The Netherlands
Poland

Chapter 4: Strategies

A. Prosecution strategies

B. Litigation strategies in CTM infringement cases