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Vol 21 No 11 Nov/Dec 2016

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A Practitioner's Manual for Trade Mark Prosecution and Litigation in the EU


ISBN13: 9780414046214
Published: September 2011
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Paperback
Price: £169.00



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Your guide to trademarks in the EU:-

  • Provides general knowledge of the trademark system in the EU, taking you through the basic legal principles and the significance of filing and litigation strategies
  • Shows how the trademark laws of the EU member states have been harmonised, as well as looking at the non-harmonised areas of law
  • Brings you commentary on the Community Trademark Directive including the must-know decisions of the
  • European Court of Justice, in particular with respect to the question of likelihood of confusion
  • Deals with the filing options provided by the EU trademark system and the Madrid Agreement, including the interplay between both systems; providing you with case examples and filing advice
Complete coverage:-

  • Explains the judicial trademark system for the 13 most important EU member states and contains valuable information on the local fees and the necessary involvement of local attorneys
  • Guides you through the procedure for obtaining a community trademark, explains the particularities of a
  • Community Trademark compared with national trademarks and looks at the possibilities of enforcing it at a national and at a EU level
  • Goes through the options and costs of enforcing trademark claims in court and out of court in each country; this includes C&D letters and preliminary injunction proceedings
  • Outlines the proceedings for a trademark application in each of the national registering offices, including costs, scope of examinations, timescales, and remedies in case of refusal
  • Covers the opposition, revocation and judicial proceedings on a national and on a EU level, including costs, scope of examinations, timescales, and remedies in case of refusal
  • Sets out multistate filing and litigation strategies and explains the possibilities of forum shopping
  • Adopts a country by country approach, making it easy to compare proceedings for enforcement claims for each jurisdiction
  • Compares the advantages and disadvantages of a community trademark and a national trademark registration
All the case-law and materials you need:-

  • Contains approximately 60 judgments of the European Court of Justice including the most recently issued judgment DHL Express France v Chronopost
  • Annexes contain fee schedules for WIPO and OHIM filing, a list of useful web links (e.g. to free-of-charge trademark databases, legislation and case law) and case law statistics

Subjects:
Intellectual Property Law
Contents:
Preface
Introduction
Chapter 1: Harmonisation of the laws of the Member States relating to the protection and enforcement of trademark rights
A. Harmonised law
I. Trademark directive
II. IPR enforcement directive
III. EU customs regulation EC/1383/2003
IV. Paris Convention for the protection of Industrial Property
V. WTO-TRIPS
VI. Community trademark regulations
B. Non-harmonised law
I. Substantive trademark law
II. Rules of procedure
Chapter 2: EU / Community Trademark
A. General Information
B. Judicial trademark system
C. Fees
D. Attorneys
E. Prosecution
F. Litigation
G. Enforcement of decisions of a CTM court
H. Trademark agreements
Chapter 3: Country by country sections
A. General Information
B. Judicial trademark system
C. Lawyers/Patent attorneys
D. Fees
E. Prosecution
F. Litigation & Enforcement
G. Trademark agreements
Countries:
Germany
United Kingdom
France
Italy
Spain
Ireland
Sweden
Finland
Denmark
Austria
Belgium
The Netherlands
Poland
Chapter 4: Strategies
A. Prosecution strategies
B. Litigation strategies in CTM infringement cases.