Relative Grounds

Author(s):  
Alexander Mühlendahl ◽  
Dimitris Botis ◽  
Spyros Maniatis ◽  
Imogen Wiseman

This chapter considers the case law of the Court of Justice on conflicts with earlier rights at the time of application. They are resolved by Article 4 of the Harmonisation Directive and Article 8 of the Community Trade Mark Regulation.

2014 ◽  
Vol 14 (2) ◽  
pp. 93-104
Author(s):  
Radim Charvát

Abstract The paper addresses the issue whether customs authorities of Member States are entitled to suspend or detain goods in transit (i.e., products directing from one non- Member State to another non-Member State through the EU) and the evolving case-law of the Court of Justice related to this matter. Prior to the judgment in Philips and Nokia cases, a so-called manufacturing fiction theory was applied by some Member State courts (especially Dutch courts). According to this theory, goods suspended or detained by customs authorities within the EU were considered to be manufactured in the Member State where the custom action took place. In the Philips and Nokia judgments, the Court of Justice rejected this manufacturing fiction theory. But the proposal for amendment to the Regulation on Community trade mark and the proposal of the new Trademark directive, as a part of the trademark reform within the EU, go directly against the ruling in the Philips and Nokia cases and against the Understanding between the EU and India.


2014 ◽  
pp. 81-99
Author(s):  
Maria Miguel Carvalho

The admissibility of colour registration per se has been discussed at great length. In opposition to this possibility, the valuation of the general interest in not unduly restricting the availability of colours for other operators in the market («depletion theory»), has been invoked, among other things. Nevertheless, in the current state of Community law the answer to this possibility seems to be affirmative, after the requirements of trade mark registration have been met. In this study we focused briefly on the main issues that arise in this area, in light of the Court of Justice of the European Union case law.


Author(s):  
Alexander Mühlendahl ◽  
Dimitris Botis ◽  
Spyros Maniatis ◽  
Imogen Wiseman

In light of the ever-growing and developing jurisprudence of the Court of Justice and the General Court, and forthcoming substantive and systemic changes to the law, there is a need for a fresh and practical approach to the procedure and case law of trade marks in Europe. Trade Mark Law in Europe is a comprehensive guide to European trade mark law following the jurisprudence of the Court of Justice of the European Union and the case law of the General Court. It provides a wide-ranging overview of the trade mark system, including detailed and critical discussion of forthcoming changes, as well as an in-depth look at the life of a trade mark up to enforcement. It considers the conditions for maintaining a registration, the protection and enforcement of trade marks, and the interface between trade mark law and other areas of practice. Finally, it offers detailed and insightful analysis of current developments, challenges, and opportunities. This is complemented by an international and comparative approach which selectively considers the contemporary jurisprudence of the Supreme Court of the United States and general US practice, as well as national jurisprudence in areas not yet covered by the CJEU. Written by highly-regarded authors with considerable expertise across a range of constituencies, Trade Marks in Europe is a timely and important study of this complex and challenging area of law.


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