European Trade Mark Law

by Annette Kur, Martin Senftleben

Overview

European Trade Mark Law provides a coherent and authoritative commentary on both the substantive and procedural aspects of European trade mark law. It presents an integrated picture of the two major trade mark law provisions at EU level: the Community Trade Mark Regulation (CMTR), which provides for the registration and protection of a Europe-wide mark; and the Trade Mark Directive (TMD), which aims to harmonise national trade mark laws.

The book's core focus is the Community texts and case law, and it offers a detailed analysis of the CMTD and TMD, as well as practical discussion of the procedure for registering, maintaining, and challenging a trade mark through the European Trade Mark Office and at the national level. It considers how national laws have been successfully harmonised by the TMD, and where they differ significantly from others in their implementation of the Directive.

Written by one of the leading trade mark lawyers in Europe, this is an invaluable reference for both academics and practitioners in this complex and rapidly developing area of law.

Product Details

ISBN-13:	9780199680443
Publisher:	Oxford University Press
Publication date:	05/02/2017
Pages:	864
Product dimensions:	9.60(w) x 6.70(h) x 2.00(d)

About the Author

Annette Kur, Max-Planck-Institute for Intellectual Property and Competition Law,Martin Senftleben, VU University Amsterdam

Annette Kur has been a Research Fellow in Intellectual Property and Competition Law at the Max Planck Institute for Intellectual Property and Competition Law since 1980. She led the Commission-funded Trade Mark Study which has recently delivered to the European Commission its findings and proposals on the future of the European Trade Mark Law system.

Martin Senftleben is Senior European Consultant in the Intellectual Property Group at Bird & Bird. He is also Chair of Intellectual Property Law at the VU University Amsterdam, and a member of the State Copyright Commission, advising the Dutch government on copyright-related questions.

Table of Contents

Part I: Introduction1. Background2. International Law3. European Harmonisation4. Institutional and judicial frameworkPart II: Substantive trade mark law1. How a sign becomes a trade mark2. Rights conferred3. Limitations and defenses4. Trade marks as objects of property5. Collective marks and certification marks (Article 66-74 CTMR; Article 15 TMD)Part III: Procedural Aspects: Registration, maintenance & invalidation of trade marks1. CTMs2. National trade marks3. Interaction between national and Community level4. International RegistrationPart IV: Protection of distinctive signs1. Geographical indications, Reg. 2006/1502. Other signs used in the course of tradePart V: Enforcement1. Measures under civil law2. Measures under civil law3. Administrative Measures4. Criminal Sanctions

Editorial Reviews

"Trademark lawyers, whether UK-based or not, should ideally acquire a copy of this the first edition of this distinguished work of scholarship." - Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers

"It is a useful reference for both experienced practitioners and academics, and would be an excellent text for a graduate course in EU trademark law." - Edward Vassallo (The Trademark Reporter, September-October 2017)

From the Publisher