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The European Union Trade Mark

The European Union Trade Mark

Mr Richard L Narva | Ms Patricia Collis

(2016)

Additional Information

Book Details

Abstract

The European Union Trade Mark (EUTM) system allows brand owners to protect and enforce a trade mark in every EU Member State through just one registration. EUTMs were previously known as Community Trade Marks and this unique trade mark registration system has revolutionised the way brands are protected in the EU. 2016 sees substantial changes to the EUTM system, not least the change of name. This practical guide describes how the EUTM system works following those changes, including: what can be protected; how registrations are obtained and maintained; the many potential obstacles to registration and how to overcome them; and the rights given by a registration. In addition it explains the specific and peculiar features of the EUTM system, such as seniority and conversion, and covers the link between EUTMs and the Madrid Protocol. 'The European Union Trade Mark' will be an invaluable reference tool for anyone involved in brand protection, including trademark attorneys, intellectual property lawyers and in-house counsel working in private practice or in international businesses, both within and outside the EU.

Table of Contents

Section Title Page Action Price
Front Cover 1
Title 2
Copyright Page 3
Table of contents 4
Preface 5
Glossary 6
Part A: Introduction to the EUTM system 11
1. Introduction to the Union and the EUTM system 11
2. The Office 18
3. Before an application is filed\r 33
Part B: Applications 40
4. Overview of the EUTM application process\r 40
5. Basic requirements and formalities\r 46
6. Classification\r 60
7. Absolute grounds objections\r 67
8. Overcoming objections and amendments to applications\r 89
9. After acceptance\r 96
Part C: Oppositions 102
10. Overview of the EUTM opposition procedure 102
11. Basic requirements and formalities\r 110
12. Relative grounds 120
13. Submissions and evidence 136
14. Termination of proceedings 156
Part D: Post-registration 168
15. Maintenance and amendment 168
16. Transactions involving EUTM rights 178
17. Revocation actions 191
18. Invalidity actions 209
Part E: Appeals 228
19. Overview and the Boards of Appeal 228
20. The appeals process 233
Part F: Enforcement 243
21. Basic principles 243
22. Infringement 250
23. Defences and avoiding infringement 259
Part G: Particular features of the EUTM system 268
24. Seniority 268
25. Conversion 275
26. Restitutio in integrum 282
27. Continuation and interruption of proceedings 288
28. EU collective marks 292
29. EU certification marks 298
Part H: International marks\r 303
30. Introduction to the Madrid Protocol\r 303
31. The Office as Office of Origin 311
32. Union designations 324
About the authors 333
Index 334