scholarly journals The General Court of the EU Confirms that Adidas’ “Three Parallel Equidistant Stripes” EU Figurative Trade Mark is Devoid of Distinctiveness

SCRIPT-ed ◽  
2020 ◽  
Vol 17 (2) ◽  
pp. 410-430
Author(s):  
Matteo Mancinella
Keyword(s):  
Trade Mark ◽  
The Eu

scholarly journals CJEU excludes retroactive application of reformed language of Article 7(1)(e)(iii) of the EU Trade Mark Regulation and does (not) clarify what ‘another characteristic’ means

2019 ◽  
Vol 14 (8) ◽  
pp. 590-592
Author(s):  
Eleonora Rosati
Keyword(s):  
Trade Mark ◽  
The Eu

Abstract CJEU, Textilis Ltd and Ozgur Keskin v Svenskt Tenn Aktiebolag, C-21/18, EU:C:2019:199, 14 March 2019

Copyright Resources

2003 ◽  
Vol 3 (1) ◽  
pp. 32-33 ◽  
Author(s):  
Mandy Webster
Keyword(s):  
Intellectual Property ◽  
Trade Mark ◽  
European Patent ◽  
Patent Office ◽  
International Treaties ◽  
Press Releases ◽  
Legal Decisions ◽  
Search Facility ◽  
Copyright Directive ◽  
The Eu

This site contains information on copyright, designs, patents and trademarks. The legal decisions page includes selected decisions issued by the Patent Office since the beginning of 1998 and links through to the Patents Court website, European Patent Office website and Copyright Tribunal. News and press releases on aspects of intellectual property and the Trade Mark, Patent and Design Journal notices can also be viewed here with all pages including a note of when they were last updated. A page with information on patent and trademark searches and a search facility for the whole site is available. A list of forms can be accessed and viewed along with guidance notes and fees information. Progress on implementation of the EU Copyright Directive is brief but helpful. The glossary of terms covers very few terms and some pages would benefit from hyperlinks being added such as the information about international treaties. URL: http://www.patent.gov.uk/copy/index.htm

scholarly journals Goods in Transit and Intellectual Property Under the EU Law and Caselaw of the Court of Justice

2014 ◽  
Vol 14 (2) ◽  
pp. 93-104
Author(s):  
Radim Charvát
Keyword(s):  
Intellectual Property ◽  
Member State ◽  
Case Law ◽  
Trade Mark ◽  
State Courts ◽  
Eu Law ◽  
Member States ◽  
Court Of Justice ◽  
In Transit ◽  
The Eu

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.

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.

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.

Acquiring distinctiveness through use of the EU trade mark

2020 ◽  
Vol 15 (11) ◽  
pp. 904-911
Author(s):  
Yann Basire
Keyword(s):  
Trade Mark ◽  
The Eu

L’Oréal v. eBay: Is the Tide Finally Turning for Hosting Providers?

2011 ◽  
Vol 12 (1) ◽  
pp. 1-8
Author(s):  
Patrick van Eecke ◽  
Maarten Truyens
Keyword(s):  
Service Providers ◽  
Case Law ◽  
Legal Aspects ◽  
Trade Mark ◽  
Legal Obligations ◽  
Council Regulation ◽  
Online Intermediary ◽  
Online Service Providers ◽  
Practical Implications ◽  
The Eu

AbstractOn 9 December 2010, Advocate General Niilo Jääskinen delivered his opinion in the L’Or´eal v. eBay case (C- 324/09), in which he analyses the position of online intermediaries - in particular electronic marketplaces such as eBay - under the EU trade mark legislation (directive 89/104 of 21 December 1988 to approximate the laws of the member states relating to trade marks, and Council Regulation 40/94 of 20 December 1993 on the Community trade mark), the eCommerce Directive (directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market) and the Enforcement Directive (directive 2004/48/EC of 29 April 2004 on the enforcement of intellectual property rights). In light of the diverging case law across the EU, it can be hoped that this opinion paves the way for a correct and balanced application of EU law in the context of online intermediary services.While theAdvocateGeneral takes into account the practical implications of the legal obligations imposed on online intermediaries, in view of the technical and commercial reality his opinion unfortunately opens the door for a general monitoring obligation for online service providers.

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