European Trademark Law Community Trademark Law and Harmonized National Trademark Law

Author: Tobias Cohen Jehoram; Constant Van Nispen; Tony Huydecoper
Publisher: Kluwer Law International
ISBN: 9789041131577
Published In: July 2010
Format: Hardback , 696 pages
Jurisdiction: Europe ? Disclaimer:
Countri(es) stated herein are used as reference only

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Although the European harmonisation of trademark law started more than two decades ago and is now quite robust, heretofore practitioners have had no easily accessible and comprehensive description and analysis of this regime to rely upon in their work, despite the existence of commentaries of the Directive and Regulation on trademarks.

Now, European Trademark Law describes all relevant developments in both legislation and case law, in particular of the Court of Justice, offering not only a succinct introduction to the theory, structure and nature of trademark law, but also insightful suggestions for resolving and answering a host of practical problems.

As the authors note, their book provides an ‘overview of trademark law rather than an overview of trademark legislation.’ The authors view the law from different perspectives; they take both the European perspective and the perspective from harmonised national trademark law, in particular as it is in the Benelux countries.

Paying particular attention to the implications of the considerable stream of case law that has followed from partially new doctrines set in place by the harmonization process, the book greatly clarifies the workings and interrelations of such factors as the following:

• situations that did not constitute infringement under former trademark law but do constitute infringement today and vice versa;

• different types of marks and their particularities;

• registration and opposition procedures;

• relevant international treaties;

• requirements for the mark;

• grounds for refusal and invalidity;

• scope of and limitations to trademark protection;

• use of trademarks in comparative advertising;

• referential use of trademarks;

• use of trademarks on the internet;

• exhaustion of rights, parallel trade;

• concepts of well known trademarks and trademarks with a reputation;

• procedural aspects of enforcing trademark rights;

• how trademark rights are lost.

The analysis also covers specific aspects of the trademark right that are related to other legal areas, such as property law, trade name law, the law regarding geographical indications of origin, copyright law, competition law, and product liability. An especially valuable part of the book’s presentation follows the ‘life’ of a trademark from filing the application up to and including its cancellation, revocation or invalidity.

Intellectual property lawyers, judges, academics and in-house counsel will greatly appreciate this very useful guide to the current state of trademark law practice in Europe.
1. Introduction.
2. General.
3. Statutory Basis for Benelux Trademark Rights.
4. Legislative and Executive Authorities.
5. The Trademark: Essence and Requirements.
6. Inadmissible Trademarks.
7. Acquisition of the Trademark Right.
8. Scope and Content of the Trademark Right.
9. Restrictions on the Trademark Right.
10. Legal Claims.
11. Customs Measures.
12. Loss of Trademark Rights.
13. Collective Marks.
14. The Community Trademark.
15. Procedural Aspects of Civil Law Enforcement.
16. Trademark as a Property Right.
17. Trademark and Trade Name.
18. Trademark and Indications of Geographical Origin.
19. Trademark and Copyright.
20. Competition Law and Free Movement of Goods and Services.
21. Trademark Law and Product Liability.
22. Table of Jurisprudence
23. Appendix
24. Benelux Treaty on Intellectual Property
25. (Trademarks and Designs)
26. Table of Equivalences
27. BTIP-Directive
28. Directive-BTIP
29. Index

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