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Trade Mark Law in Europe: Case Law of the Court of Justice of the European Union 4th ed


ISBN13: 9789403541273
Previous Edition ISBN: 9789041162199
Published: January 2024
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £150.00



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Trade Mark Law in Europe, currently in its fourth edition, follows the same renowned, intensely pragmatic, 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 significant 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.

What’s in this book:

The following fundamental questions have been addressed:

  • 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?

    Appendices assist in quickly finding any provision of the Directive and relevant case law based on a topic or keyword. This book is a first-of-its-kind 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.

    How this will help you:

    As a carefully curated presentation of key information, this remarkable book 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 greatly appreciate this new edition. Trade mark law practitioners agree that Ulrich Hildebrandt’s Trade Mark Law in Europe hugely enhances their work.

Subjects:
Intellectual Property Law
Contents:
Notes to the user
List of Abbreviations
Foreword
Directive (EU) 2015/2436 of the European Parliament and of the Council to approximate the laws of the Member States relating to trade marks (Recast)

CHAPTER 1. General Provisions

CHAPTER 2. Substantive Law on Trade Marks
SECTION 1 SIGNS OF WHICH A TRADE MARK MAY CONSIST
SECTION 2 GROUNDS FOR REFUSAL OR INVALIDITY
SECTION 3 RIGHTS CONFERRED AND LIMITATIONS
SECTION 4 REVOCATION OF TRADE MARK RIGHTS
SECTION 5 TRADE MARKS AS OBJECTS OF PROPERTY
SECTION 6 GUARANTEE OR CERTIFICATION MARKS AND COLLECTIVE MARKS

CHAPTER 3. Procedures
SECTION 1 APPLICATION AND REGISTRATION
SECTION 2 PROCEDURES FOR OPPOSITION, REVOCATION AND INVALIDITY
SECTION 3 DURATION AND RENEWAL OF REGISTRATION
SECTION 4 COMMUNICATION WITH THE OFFICE

CHAPTER 4. Administrative Cooperation

CHAPTER 5. Final Provisions

APPENDICES:
APPENDIX 1. Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to Approximate the Laws of the Member States Relating to Trade Marks
APPENDIX 2. Correlation Table
APPENDIX 3. Register of Cases