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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.
Special Protection of Trade Marks with a Reputation under European Union' Law offers a thorough study of the special regime of enhanced protection of trade marks with a reputation under EU law, including the latest legal developments. When a mark acquires 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 by 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 book is the first comprehensive guide to current European Union (EU) law and practices concerned with reputed trade marks, and it 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.
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.
This guide shows how to identify a company's protectable assets, initiate steps to protect those assets, and use them to generate additional income. Specific chapters cover selection, application, maintenance, and infringement for trademarks, copyright, and patents. Other topics include trade secrets, unfair competition, employee work products, internal processes, and the Internet. The book also contains model forms and documents, including trademark license agreements, application forms for trademarks, copyrights, and patents, sample noncomplete clauses, and intellectual asset audit forms. Bouchoux is an attorney specializing in intellectual property law. c. Book News Inc.
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.
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.
Useful tips and step-by-step guidance from filing to issue to license Acquire and protect your share of this major business asset Want to secure and exploit the intellectual property rights due you or your company? This easy-to-follow guide shows you how — helping you to evaluate your idea's commercial potential, conduct patent and trademark searches, document the invention process, license your IP rights, and comply with international laws. Plus, you get detailed examples of each patent application type! Discover how to: Avoid application blunders Register trademarks and copyrights Meet patent requirements Navigate complex legal issues Protect your rights abroad The entire body of U.S. patent laws Example office actions and amendments Sample forms Trademark registration certificates Application worksheets See the CD appendix for details and complete system requirements. Note: CD-ROM/DVD and other supplementary materials are not included as part of eBook file.
Introduction to Intellectual Property provides a clear, effective introduction to patents, copyright, trademarks, and trade secrets. The text may be used by students and instructors in formal courses, as well as those applying intellectual property considerations to entrepreneurship, marketing, law, computer science, engineering, design, or other fields. The luminaries involved with this project represent the forefront of knowledge and experience, and the material offers considerable examples and scenarios, as well as exercises and references.