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Vol 21 No 11 Nov/Dec 2016

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The European Union Trademark: A Practical Guide

Edited by: Mark Holah, Patricia Collis

ISBN13: 9781909416666
Published: November 2016
Publisher: Globe Law and Business
Country of Publication: UK
Format: Hardback
Price: £175.00



In stock.

The European Union Trademark (EUTM) system allows brand owners to protect and enforce a trade mark in every EU Member State through just one registration. EUTMs were previously known as Community Trade Marks and this unique trade mark registration system has revolutionised the way brands are protected in the EU.

2016 sees substantial changes to the EUTM system, not least the change of name. This practical guide describes how the EUTM system works following those changes, including: what can be protected; how registrations are obtained and maintained; the many potential obstacles to registration and how to overcome them; and the rights given by a registration. In addition it explains the specific and peculiar features of the EUTM system, such as seniority and conversion, and covers the link between EUTMs and the Madrid Protocol.

The European Union Trademark will be an invaluable reference tool for anyone involved in brand protection, including trademark attorneys, intellectual property lawyers and in-house counsel working in private practice or in international businesses, both within and outside the EU.

Subjects:
Intellectual Property Law
Contents:
PART A: INTRODUCTION TO THE EUTM SYSTEM
1. Introduction to the Union and the EUTM system
2. The Office: structure and operation
3. Before you file: searching and strategy

PART B: EUTM APPLICATIONS
4. Overview of application process
5. Basic requirements for applications
6. Classification
7. Examination: absolute grounds objections
8. Overcoming objections
9. After acceptance

PART C: OPPOSITIONS
10. Overview of opposition procedure
11. Basic requirements and grounds
12. Oppositions: relative grounds objections
13. Submissions and evidence
14. Opposition decisions

PART D: POST-REGISTRATION
15. Maintenance and amendment
16. Transactions affecting EUTM registrations
17. Revocation actions
18. Invalidity actions

PART E: APPEALS
19. Boards of Appeal structure and operation
20. Basic requirements and grounds
21. Decisions and further appeals

PART F: ENFORCEMENT
22. Basic principles
23. Infringement
24. Defences to infringement

PART G: PARTICULAR FEATURES OF THE EUTM SYSTEM
25. Seniority
26. Conversion
27. Restitutio in integrum
28. Continuation and interruption of proceedings
29. EU Collective Marks
30. EU Certification Marks

PART H: INTERNATIONAL MARKS
31. Introduction to the Madrid Protocol
32. The Office as Office of Origin
33. Union designations