Introduction To Trade Mark Law In The Benelux
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Introduction To Trade Mark Law In The Benelux
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Author : W. Mak
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-06-29
Introduction To Trade Mark Law In The Benelux written by W. Mak and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-29 with Law categories.
In Holland it is a frequent and happy phenomenon that experts employed by a particular company do not confine their knowledge and experience purely within the privacy of that firm, but allow others to profit therefrom by being active within professional or business organisations, committees and so on. Professional journals also contain contributions from such experts with gratifying regularity. It is, however, extremely seldom and thus all the more welcome if such experts, in this case company lawyers, are willing to do even more. Mister Mak (LL.D.) and Mister Molijn (LL.M.) have been able to find the time and the quiet (or have sacrificed their own free time) to place on record for the benefit of the business world in Holland their great knowledge of trade mark law and their practical opinions. Those who are no strangers in this trade mark Jerusalem, know that the authors have not acquired their knowledge and experi ence solely within the large companies in which they are em ployed, but also in committees and on the boards of organisations which devote themselves to achieving good trade mark protection and to stimulating and/or criticising new developments in the legislative field. This fact is evident from the critical obser vations in this book and gives the book an interesting extra dimension.
Introduction To Trade Mark Law In The Benelux
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Author : W. Mak
language : en
Publisher: Kluwer Academic Publishers
Release Date : 1982
Introduction To Trade Mark Law In The Benelux written by W. Mak and has been published by Kluwer Academic Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Law categories.
European Trademark Law
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Author : Tobias Cohen Jehoram
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01
European Trademark Law written by Tobias Cohen Jehoram and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.
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.
The Trade Mark Laws Of The United States France Great Britain German Empire Canada Belgium Russia And Austria Microform
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Author : Francis D 1904 Forbes
language : en
Publisher: Legare Street Press
Release Date : 2023-07-18
The Trade Mark Laws Of The United States France Great Britain German Empire Canada Belgium Russia And Austria Microform written by Francis D 1904 Forbes and has been published by Legare Street Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-18 with categories.
This legal reference book provides an overview of trademark laws in various countries around the world. It includes detailed information about the trademark application process, as well as advice for protecting your trademark rights. This book will appeal to anyone interested in intellectual property law or international trade. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Genuine Use Of Trademarks
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Author : Eléonore Gaspar
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-08-18
Genuine Use Of Trademarks written by Eléonore Gaspar and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-18 with Law categories.
This book addresses the issue of trademark use that may be required for the protection and/or maintenance of trademark rights. Since the first edition of this book in 2018, there have been significant modifications in some countries, particularly, following the implementation of EU Directive 2015/2436 in the EU countries. Laws around the world do not attach the same consequence to the lack of use of a trademark, and courts do not always assess in the same way whether a trademark is genuinely used. This is a fundamental issue for trademark owners since, depending on the jurisdiction, lack of genuine use can lead to the refusal of trademark registration, the revocation of trademark rights, or prevent the owner of a non-used trademark from initiating an action based on its trademark. This detailed analysis provides clarity, insight, and guidance on the legal issues and practical implications of genuine use of trademarks in twenty-six jurisdictions worldwide. This book was developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels. This topic was the subject of an AIPPI study, and its subsequent Resolution – The Requirements of Genuine Use of Trademarks for Maintaining Protection (2011, Hyderabad) – which aims to harmonize this issue of genuine use of trademarks. The authors of the chapters for each jurisdiction were carefully selected based on their extensive experience and in-depth knowledge of trademark protection in their respective jurisdictions. Each chapter considers issues and topics such as the following: types of use that qualify as genuine use of a trademark, including requirements as to whether uses are consistent with the function of the trademark or made in the course of trade; requirements as to the volume, duration, and frequency of use; impact of the trademark’s designation of goods and services; issues relating to the sign used, particularly, if it is used in a different form from the registered trademark (this includes consideration of alteration of the distinctive character, or the potential impact of a plurality of registered trademarks for different signs, or the question of use in black and white or in colour); proof to be provided to evidence genuine use as a trademark, including issues of timing and territory; situations in which the issue of genuine use can be of importance; valid reasons for non-use; consequences of lack of use depending on the context, including possible revocation of trademark rights; and case law examples. As a comparative law study and a collection of contributions from around the world on a key issue of trademark law, this book is of tremendous practical interest. Trademark owners, parties involved in or contemplating enforcement proceedings, and interested legal practitioners will benefit greatly from its thorough comparative analysis and guidance. It is also exceptionally valuable as a comprehensive resource for academics and researchers interested in the international harmonization of trademark law.
Ecta Guide To E U Trade Mark Legislation
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Author : David Tatham
language : en
Publisher:
Release Date : 1998
Ecta Guide To E U Trade Mark Legislation written by David Tatham and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Trademarks categories.
Written by several key members of the European Communities Trade Mark Association, this comprehensive work provides a materials-based approach to European trade mark law. A complete resource for EC/EFTA trade mark practitioners, this work includes relevant EC legislation with commentary and annotation. Relevant national laws with tables of comparison to the EC Directive/Regulation, and short introductory commentaries are also featured throughout.
Trademark Protection And Freedom Of Expression
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Author : Wolfgang Sakulin
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-01-01
Trademark Protection And Freedom Of Expression written by Wolfgang Sakulin and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
Trademark law grants right holders an exclusive right to prevent third parties from using a sign. This can readily be seen as the antithesis of freedom of expression, which arguably includes a right of third parties to non-exclusive use of a sign for a variety of purposes, ranging from informing consumers, to voicing criticism or to artistic expression. Drawing on cultural theory and which has shown that society is involved in a constant struggle about shaping the meaning of signs (including trademarks) and this highly original and provocative book contends that trademark law fails to sufficiently differentiate between commercial purpose and the social, political, or cultural meanings carried by one and the same sign. The author shows that the andfunctional approachand to justifying trademark rights taken in current jurisprudence and doctrine is deficient, in that it does not take sufficient account of the fact that trademark rights can restrict the freedom of expression of third parties. Specifically, the exercise of rights granted under the European Trademark Regulation and the national trademark rights harmonized by the European Trademark Directive can cause a disproportionate impairment of the freedom of commercial and non-commercial expression of third parties as protected by Article 10 of the European Convention on Human Rights (ECHR). The authorands in-depth analysis explores such elements as the following: o the economic and ethical rationales of trademark rights; o whether trademark rights under European law can be justified by these rationales; o how freedom of expression can serve as a limitation to trademark rights; o what level of protection such freedom of expression grants to third parties; o the role of trademarks of social, cultural, or political importance in public discourse; o chilling effects on public discourse that can be caused by the exercise of trademark rights; o the interpretation of provisions regulating the grant and revocation of trademark rights in light of freedom of expression; and o the interpretation of the scope of protection and the limitations of trademark rights in light of freedom of expression. In effect, the analysis serves to expand the focus of legislators, courts, and trademark registering authorities from the interests of trademark right holders, who seemingly are granted ever more protection, to the justified interests of third parties. The critical analysis of existing trademark law leads the author to clearly identify the areas of trademark law in which the law needs to be reinterpreted and the areas in which legislative action should be taken, with recommendations for a number of limitations that should aid legislators in drafting concrete amendments. The new insights and imperatives provided by this book are sure to prove useful to both courts interpreting existing provisions of trademark laws and to legislators who are faced with the challenges of drafting new rules or revising existing laws.
Trade Mark Law In Europe
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Author : Ulrich Hildebrandt
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2024-01-16
Trade Mark Law In Europe written by Ulrich Hildebrandt and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-16 with Law categories.
Trade mark law practitioners agree that Ulrich Hildebrandt’s Trade Mark Law in Europe hugely enhances their work. This fourth edition follows the same well-known, intensely practical, time-saving format, with each provision of current law (Directive 2015/2436) reproduced in its original English wording and annotated with relevant passages from all relevant decisions of the European Court of Justice, as well as relevant provisions of the Community Trade Mark Regulation and the national trade mark acts of all Member States implementing the Directive. The author’s expert commentary on each provision expressly marks major changes to previous versions of the Directive, highlights when case law concerning a previous version remains relevant and translates passages that lack an official English text. Among the fundamental questions addressed are the following: When is it possible to register a geographical indication as a trademark? Are colours and sounds capable of registration? When may the reputation of a mark be invoked to protect it? How mundane could a sign be and still claim to be distinctive? When can it be said that there has been no genuine use of a trade mark? Where does the Court’s function theory influence the trademark law? Given a topic or keyword, appendices assist in the quick finding of any provision of the Directive and relevant case law. There is no other resource presenting the original wording of ECJ case law, broken down by specific points of law and directly related on an article-by-article basis to EU and Member State trade mark legislation. As a highly organized presentation of key information, this is an ideal initial tool that makes any research into European trade mark law fast and easy, whether for academic purposes or actual legal practice. Lawyers, in-house counsel, judges, and academics will all welcome this new edition.
Functional Theory In Trade Mark Law
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Author : Dirk Willem Ryk Hertzog
language : en
Publisher:
Release Date : 1979
Functional Theory In Trade Mark Law written by Dirk Willem Ryk Hertzog and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Trademarks categories.
Trade Mark Dilution In Europe And The United States
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Author : Ilanah Simon Fhima
language : en
Publisher: Oxford University Press, USA
Release Date : 2011-11-03
Trade Mark Dilution In Europe And The United States written by Ilanah Simon Fhima and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-03 with Law categories.
The only comparison of EU and US protection against trade mark dilution, this book provides a complete overview of the dilution action, enabling practitioners to better protect trade marks against dilution or to combat dilution claims. Through clear and practical tests for the different types of dilution, this book demonstrates how to prove that a mark is famous, how to prove blurring, tarnishment and unfair advantage and how to prove lack of due cause. It gives clear guidance on the meaning of association and the role of similarity of goods, as well as the US dilution defences, the level of proof required and the 'actual versus likely' dilution question. By examining the justifications offered for dilution, the book places the dilution action in the wider context of the trade mark system, allowing readers to understand the issues behind the law and to consider whether the law appropriately meets these justifications. It considers the fundamental questions raised about trade marks, including whether the main aim of trade marks is to protect the public from being confused, or the investment of trade mark owners in building up their reputations. The book also considers how well the EU and the US take these questions into account in balancing the interests of trade mark owners, their competitors and the public through the dilution action. Dilution is at the cutting edge of trade mark law, extending its protection beyond traditional boundaries to situations where defendants using trade marks are not causing confusion. This book provides practitioners with all the information they need both to protect trade marks against dilution and to prevent them being the subject of dilution claims.