39. Revocation

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
European Union ◽  
Trade Mark ◽  
The European Union ◽  
Trade Marks ◽  
The Public ◽  
Goods And Services ◽  
The Common

This chapter examines revocation as a reason for removing a mark from the register and the grounds for revocation as set out in section 46 of the Trade Marks Act 1994 and Article 57 of the European Union Trade Marks Regulation. It begins by discussing the first ground on which a mark may be revoked: ‘non-use’ (the trade mark has not been used for five years following the date of completion of the registration). It considers the relevant period of non-use and proper reasons for non-use, along with the issue of rewriting the specification with respect to goods and services. The chapter then looks at the second ground for the revocation of trade marks: if the mark has become the ‘common name in the trade’ (that is, generic marks). The final reason for revocation is if the mark has been used in a way that misleads the public (that is, deception is involved).

The country of Iceland freezes out the eponymous supermarket: ICELAND trade marks invalidated

2019 ◽  
Vol 15 (1) ◽  
pp. 4-5
Author(s):  
Darren Meale ◽  
Nicola Walles
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Trade Mark ◽  
Foreign Affairs ◽  
European Economic Area ◽  
The European Union ◽  
Trade Marks ◽  
Goods And Services ◽  
Economic Area ◽  
Food And Beverage

Abstract The Icelandic Ministry for Foreign Affairs and Others v Iceland Foods Limited, EUIPO Cancellation No 14 030 C (Invalidity), 5 April 2019; Icelandic Trade mark Holding ehf v Iceland Foods Limited, EUIPO Cancellation No. 19 387 C (Invalidity), 27 May 2019 Iceland Foods’ European Union trade marks for ICELAND were held invalid for all goods and services in a duo of recent decisions from the European Union Intellectual Property Office Cancellation Division, after The Icelandic Ministry for Foreign Affairs successfully argued that the exclusive rights conferred on the food and beverage retail giant unfairly monopolized what is, of course, the name of a country in the European Economic Area.

37. Absolute grounds for refusal

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
Public Policy ◽  
Trade Mark ◽  
The European Union ◽  
Bad Faith ◽  
Trade Marks ◽  
The Public ◽  
The Absolute ◽  
Definition Of ◽  
Absolute Grounds For Refusal ◽  
Trade Mark Registration

This chapter examines the ‘absolute’ grounds for refusing to register a trade mark as set out in section 3 of the Trade Marks Act 1994, Article 3 of the Trade Marks Directive, and Article 7 of the European Union Trade Mark Regulation (EUTMR). It first looks at the reasons for denying an application for trade mark registration before analysing the absolute grounds for refusal, which can be grouped into three general categories: whether the sign falls within the statutory definition of a trade mark found in sections 1(1) and 3(1)(a) and (2) of the Trade Marks Act 1994; whether trade marks are non-distinctive, descriptive, and generic; and whether trade marks are contrary to public policy or morality, likely to deceive the public, prohibited by law, or if the application was made in bad faith. Provisions for specially protected emblems are also considered.

scholarly journals The Notion of the European Union Trademark

2019 ◽  
Vol 8 (1) ◽  
pp. 21-31
Author(s):  
Jarmila Lazíková
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
The European Union ◽  
Distinctive Character ◽  
Trademark Law ◽  
The Public ◽  
Eu Member States ◽  
Goods And Services ◽  
Court Of Justice ◽  
The Eu

AbstractThe EU trademark law has recorded the important changes in the last years. The Community trademark in the past and the EU trademark at the present have become very popular legal measures not only in the EU Member States but also in the third countries. Its preferences are increasing year to year. The EU trademark may consist of a sign that fulfils two main attributes. Firstly, there is a distinctive character. Secondly, there is a capability of being represented on the Register of the EU trademarks. The second attribute is new and replaced the previous attribute - capability of being represented graphically. The interpretation of the above mentioned attributes is not possible without the judgements of the Court of Justice of the European Union. It is necessary to take into account the kind of trademark, list of the goods and services, which should be signed by the trademark, and its perception by the public. The paper includes the main judgements of the Court of Justice of the European Union related to the interpretation of the sign that may be registered as the EU trademark. They are very helpful in the application practice of the European Union Intellectual Property Office and the national offices of the intellectual property as well.

scholarly journals Reduced Consumption for Transport due to Population Ageing? An Analysis of Expenditures of Private Households in the European Union and Potential Implications for the Public Sector

2018 ◽  
Vol 15 (3-4) ◽  
pp. 167-190
Author(s):  
Birgit Aigner-Walder ◽  
Thomas Döring
Keyword(s):  
European Union ◽  
Public Sector ◽  
Transport Sector ◽  
Retirement Age ◽  
The European Union ◽  
Consumption Expenditures ◽  
The Public ◽  
Goods And Services ◽  
Private Households ◽  
Theoretical Considerations

The paper focuses on potential effects of the ageing of the population on consumption expenditures of private households in the field of transport. Theoretical considerations as well as previous empirical results suggest that older households consume different goods and services than younger ones due to changing preferences and needs by increasing age. Possible consequences of these changes for goods and services in the transport sector are in focus. The expenditures of European households on transport based on the national household budget surveys of the 28 member countries of the European Union are analysed. The results suggest that expenditures in transport decrease at retirement age in all considered countries. Moreover, the structure of goods and services consumed in the transport sector changes over the life cycle of a private household, with implications for the public sector due to the ageing of the population to be expected.

Limitations, Defences, and Genuine Use

2017 ◽  
Author(s):  
Annette Kur ◽  
Martin Senftleben
Keyword(s):  
Intellectual Property Rights ◽  
Essential Role ◽  
Trade Mark ◽  
The European Union ◽  
The Public ◽  
Competing Interests ◽  
Domestic Legislation ◽  
Genuine Use ◽  
European Trade ◽  
The Common

As with other intellectual property rights, the exclusive rights of the trade mark proprietor are limited in several respects. At the international level, Article 17 TRIPS offers room for the adoption of ‘limited exceptions’ in domestic legislation (see paragraphs 2.68–2.72). On this basis, Article 14 of the Trade Mark Directive (TMD) and Article 12 of the European Trade Mark Regulation (EUTMR) provide a tool for reconciling the interests of the trade mark owner with competing interests of other traders and the public at large. As explained by the Court of Justice of the European Union (CJEU), these provisions, by limiting the effects of the exclusive rights of the trade mark owner, seek ‘to reconcile the fundamental interests of trade mark protection with those of free movement of goods and freedom to provide services in the common market in such a way that trade mark rights are able to fulfil their essential role in the system of undistorted competition which the Treaty seeks to establish and maintain’.

38. Relative grounds for refusal

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
European Union ◽  
Trade Mark ◽  
The European Union ◽  
Trade Marks ◽  
Likelihood Of Confusion ◽  
The Uk

This chapter focuses on ‘relative grounds’ for denying an application to register a trade mark as set out in section 5 of the Trade Marks Act 1994 and Article 8 of the European Union Trade Marks Regulation (EUTMR). It identifies ‘earlier trade marks’ and ‘earlier rights’ before turning to the tests which allow a prior mark to oppose the registration of a subsequent one. First, it reviews the so-called double identity ground, where an identical (later) mark is applied for, in the context of identical products. Second, it considers when likelihood of confusion may be established. Third, it surveys three situations referred to collectively as ‘dilution’, where the later mark may mentally evoke the earlier one in a way that is not confusing, yet still wrongful. It also explains the ‘advertising function’ of a trade mark, along with requirements relating to reputation and ‘due cause’. Finally, the chapter discusses relevant provisions governing unregistered trade marks, copyright, design right, and registered design right in the UK.

35. Trade mark registration

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Trade Mark ◽  
The European Union ◽  
Trade Marks ◽  
The Uk ◽  
Trade Mark Registration ◽  
The Eu

This chapter focuses on the process of registration for trade marks in the UK, the European Union, and other countries. It begins by explaining the differences in procedures and documentation needed in filing trade mark applications at the national, regional, and international levels. The role of the European Union Intellectual Property Office (EUIPO) in processing applications in the EU is considered, along with the international filing systems established under the 1891 Madrid Agreement and the 1989 Madrid Protocol. The chapter concludes by presenting possible avenues through which to acquire trade mark protection. It briefly considers the possible impacts of Brexit.

6. Trade Marks I

2017 ◽  
Author(s):  
Tanya Aplin ◽  
Jennifer Davis
Keyword(s):  
Trade Mark ◽  
The European Union ◽  
Trade Marks ◽  
The Public ◽  
The Subject ◽  
Substantive Law ◽  
The Relationship ◽  
Absolute Grounds For Refusal ◽  
Trade Mark Registration ◽  
Domestic Case

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the main justifications for the protection of registered trade marks. It considers the substantive law relating to the subject matter of registration as set out in the Trade Marks Directive (2016) and its predecessor. It looks at which signs will be registered as well as the absolute grounds for refusal of registration and at the Court of Justice of the European Union and domestic case law interpreting these grounds. The practicalities of the trade mark registration process both domestically and internationally are also considered. The chapter then looks at the relationship between registered marks and the public domain.

Broad Specifications and Intent to Use: Is the EU Trade Mark System Credible?

2021 ◽  
Author(s):  
Richard Arnold
Keyword(s):  
European Union ◽  
Computer Software ◽  
Trade Mark ◽  
The European Union ◽  
Bad Faith ◽  
Goods And Services ◽  
National Courts ◽  
Court Of Justice ◽  
Intent To Use ◽  
The Eu

Abstract An assessment of the credibility of the EU trade mark system in the light of the ruling of the Court of Justice of the European Union in Case C-371/18 Sky v SkyKick leads to the following conclusions: the decisions that lack of clarity and precision of specifications of goods and services is not a ground of invalidity and that partial bad faith when applying to register a trade mark leads to partial invalidity are unsurprising; the decision that applying to register a trade mark without intending to use it can amount to bad faith, at least in some circumstances, is an important step forward that gives national courts a tool with which to combat unjustifiably broad specifications of goods and services; but the jury is still out with regard to the EU trade mark system’s acceptance of broad terms such as ‘computer software’ in specifications.

9. Passing-off and trade marks

2017 ◽  
Author(s):  
Tim Press
Keyword(s):  
European Union ◽  
Common Law ◽  
Trade Mark ◽  
The European Union ◽  
Brand Name ◽  
Trade Marks ◽  
Passing Off ◽  
The Law

Passing-off is a common law cause of action that protects traders with goodwill in their business against misrepresentations made by their competitors which confuse customers as to the source of goods or services. The typical passing-off scenario is where a trader, by the use of a brand name, logo, slogan, or packaging, deceives customers into thinking that its products or services are associated with another trader. Trade marks can be registered for signs or symbols that identify products or services as coming from a particular trader, so to be registrable a trade mark must be distinctive of a trader’s goods and not similar to any earlier registered mark, or a non-registered mark that is in use. Registration of a trade mark gives substantial advantages over relying on passing-off. The law of registered trade marks has been harmonized by the European Union.

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