16. Trade Marks and the Free Movement Aspects of EU Law

2019 ◽  
pp. 414-433
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Subject Matter ◽  
Theoretical Perspective ◽  
Trade Mark ◽  
Free Movement ◽  
Specific Subject ◽  
Traded Goods ◽  
Parallel Importation ◽  
Practical Guidelines ◽  
Trade Mark Law ◽  
Essential Function

This chapter examines the interaction between trade mark law and the principles of free movement of goods in the EU. It discusses the concepts of essential function and specific subject matter which the CJEU uses to distinguish between what amounts to pro-competitive use of the trade mark, which the Treaty encourages, and anti-competitive abuse of the trade mark rights, which the Treaty prohibits. The essential function looks at this from a theoretical perspective, whilst the specific subject matter translates this in more practical guidelines. The chapter then turns cases and heated debates arising from parallel importation, which essentially focus on the relabelling and repackaging of parallel-traded goods.

27. Trade marks—European and international aspects

2019 ◽  
pp. 489-514
Author(s):  
Paul Torremans
Keyword(s):  
Competition Law ◽  
Trade Mark ◽  
Free Movement ◽  
Registration System ◽  
Trade Marks ◽  
Trade Mark Law ◽  
Free Movement Of Goods ◽  
International Aspects ◽  
Paris Convention ◽  
The Eu

This chapter discusses the international and European aspects of trade marks. Trade mark law is based on the Paris Convention and the TRIPS Agreement, with the Madrid system offering an international registration system. Inside the EU, one can also register a single trade mark for the whole of the Community by means of the Community Trade Mark Regulation. Trade mark law also has a substantial interaction with the Treaty provisions on the free movement of goods, but minimal conflict with competition law.

scholarly journals Legal Implication of the Effect of the TRIPS Agreement on the Trade Marks Law in Nigeria

2016 ◽  
Vol 12 (10) ◽  
pp. 140
Author(s):  
Temitope O. Oloko
Keyword(s):  
International Trade ◽  
Public Relations ◽  
Trade Mark ◽  
Developing Nations ◽  
Trips Agreement ◽  
Trade Marks ◽  
Legal Effect ◽  
Parallel Importation ◽  
Trade Mark Law ◽  
Legal Implication

The implication and the effects of the TRIPS Agreement in developing nations are constantly unfolding. Modern businesses use trade marks as an important public relations tool for marketing purposes. Considering the importance of the TRIPS Agreement in the trade mark regime, assessing the legal effect that the Agreement has on the law in Nigeria helps in determining the compliance of the Trade Mark Law to a large extent. The aim of this article is to identify the areas of compliance and to discuss the diversity and effectiveness of the TRIPS agreement. The article sheds light on the level of compliance of the Trade Marks Law and the expected impact. This could help in identifying the level of fulfilment of Nigeria’s international trade obligation. The study contributes to knowledge by providing insights in determining the extent to which the Trade Mark Law still need reformation. The areas covered by this article are limited to service marks, well-known marks, the requirement for use, and parallel importation.

Trademark Delimitation Agreements and the EEC Rules on Free Movements of Goods and Competition

1991 ◽  
Vol 4 (1) ◽  
pp. 3-20
Author(s):  
P. Glazener ◽  
B.M.P. Smulders
Keyword(s):  
Subject Matter ◽  
Case Law ◽  
Law And Literature ◽  
Free Movement ◽  
Specific Subject ◽  
Relevant Case ◽  
Free Movement Of Goods

Trademark delimitation agreements are entered into for the purpose of avoiding or settling disputes between owners of conflicting trademarks by defining the spheres within which trademarks may be used. The authors of this article treat the relevant case law and literature on the conflict between trademark delimitation agreements and the Treaty provisions on the free movement of goods and competition in an analytical and critical manner. They propose that the Commission and the ECJ accept delimitation agreements that cause fewer restrictions on trade and competition than would have existed in the absence of the agreement as compatible with Article 85 of the EEC Treaty, in so far as the restrictions flowing from the agreement are covered by the specific subject matter of the trademarks.

Four Dimensions of Diamond T: Combination Trade Marks of Colours And Shapes

2006 ◽  
Vol 37 (4) ◽  
pp. 583
Author(s):  
Michael McGowan
Keyword(s):  
Three Dimensional ◽  
Trade Mark ◽  
Fourth Dimension ◽  
Trade Marks ◽  
Four Dimensions ◽  
Trade Mark Law ◽  
Dimensional Shape ◽  
Three Dimensional Shape

This article examines the relatively new fields of colour and shape trade marks. It was initially feared by some academics that the new marks would encroach on the realms of patent and copyright.  However, the traditional requirements of trade mark law, such as functionality and descriptiveness, have meant that trade marks in colour and shape are extremely hard to acquire if they do not have factual distinctiveness. As colour and shape trade marks have no special restrictions, it is proposed that the combination trade mark theory and analysis from the Diamond T case should be used as a way to make them more accessible. The combination analysis can be easily applied because every product has a three dimensional shape and a fourth dimension of colour.

The Trade Mark, Other Product Designations, and Goodwill

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Subject Matter ◽  
Common Law ◽  
Trade Mark ◽  
Geographical Indication ◽  
Passing Off ◽  
Rights Protection ◽  
Essential Properties ◽  
The Subject ◽  
The Common ◽  
The Relationship

This chapter considers the meaning of the terms that appropriately denote the subject matter protectable by registered trade mark and allied rights, including the common law action of passing off. Drawing on the earlier analyses of the objects protectable by patent and copyright, it defines the trade mark, designation of origin, and geographical indication in their current European and UK conception as hybrid inventions/works in the form of purpose-limited expressive objects. It also considers the relationship between the different requirements for trade mark and allied rights protection, and related principles of entitlement. In its conclusion, the legal understandings of trade mark and allied rights subject matter are presented as answers to the questions identified in Chapter 3 concerning the categories and essential properties of the subject matter in question, their method of individuation, and the relationship between and method of establishing their and their tokens’ existence.

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