European Trade Mark Law

ISBN : 9780199680443

Annette Kur; Martin Senftleben
816 ページ
171 x 246 mm

European Trade Mark Law provides a coherent and authoritative commentary on both the substantive and procedural aspects of European trade mark law. It presents an integrated picture of the two major trade mark law provisions at EU level: the Community Trade Mark Regulation (CMTR), which provides for the registration and protection of a Europe-wide mark; and the Trade Mark Directive (TMD), which aims to harmonise national trade mark laws. The book's core focus is the Community texts and case law, and it offers a detailed analysis of the CMTD and TMD, as well as practical discussion of the procedure for registering, maintaining, and challenging a trade mark through the European Trade Mark Office and at the national level. It considers how national laws have been successfully harmonised by the TMD, and where they differ significantly from others in their implementation of the Directive. Written by one of the leading trade mark lawyers in Europe, this is an invaluable reference for both academics and practitioners in this complex and rapidly developing area of law.


Part I: Introduction
1 Background
2 International Law
3 European Harmonisation
4 Institutional and judicial framework

Part II: Substantive trade mark law
1 How a sign becomes a trade mark
2 Rights conferred
3 Limitations and defenses
4 Trade marks as objects of property
5 Collective marks and certification marks (Article 66-74 CTMR
Article 15 TMD)

Part III: Procedural Aspects: Registration, maintenance & invalidation of trade marks
1 CTMs
2 National trade marks
3 Interaction between national and Community level
4 International Registration

Part IV: Protection of distinctive signs
1 Geographical indications, Reg. 2006/150
2 Other signs used in the course of trade

Part V: Enforcement
1 Measures under civil law
2 Measures under civil law
3 Administrative Measures
4 Criminal Sanctions


Annette Kur has been a Research Fellow in Intellectual Property and Competition Law at the Max Planck Institute for Intellectual Property and Competition Law since 1980. She led the Commission-funded Trade Mark Study which has recently delivered to the European Commission its findings and proposals on the future of the European Trade Mark Law system.; Martin Senftleben is Senior European Consultant in the Intellectual Property Group at Bird & Bird. He is also Chair of Intellectual Property Law at the VU University Amsterdam, and a member of the State Copyright Commission, advising the Dutch government on copyright-related questions.