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European Community Trademark: Commentary to the European Community Regulation

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Edited by: Mario Franzoni

ISBN13: 9789041104533
ISBN: 9041104534
Published: November 1997
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £209.00



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

An established trademark provides recognition valuable to trade and sales promotion, and acts as an indication of quality. These undeniable functions of the trademark must be coupled with adequate protection to avoid jeopardizing these essential aspects. The need for unification, at least at the European level, can no longer be disregarded. The Community Directive and Regulation are the response to this need.

This commentary provides the texts of essential legislation and offers an analysis of the Directive and Regulation, also in their ""historical"" context, as seen through the eyes of leading European experts in the field. Issues such as grounds for refusal, entitlement, registration procedures, jurisdiction and procedure in legal actions and the impact of the Community Trade Mark on applicants from non-member countries are addressed.

This commentary is intended for both practitioners and scholars, as well as marketing managers, for interpreting the Community provisions in this specialized and important area. Moreover, since the Council Directive and the Commission Regulations have been transformed into national laws in many Member States of the EU, this commentary should be of use in the interpretation and analysis of national European trademark laws.

This work is neither too scholarly nor too elementary, but couples the strong theoretical background and practical experience of contributors stemming from diverse legal and practical cultures.

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Subjects:
Intellectual Property Law
Contents:
Table of Legislation:- First Council Directive 89/104/EEC of 21 December 1988 to Approximate the Laws of the Member States Relating to Trade Marks. Council Regulation 40/94 of 20 December 1993 on the Community Trade Mark. Commission Regulation 2868/95 of 13 December 1995 Implementing the Council Regulation on the Community Trade Mark. Commission Regulation 2869/95 of 13 December 1995 on the Fees Payable to the Office for Harmonization in the Internal Market (Trade Marks and Design). Commission Regulation 216/96 of 5 February 1996 Laying Down the Rules of Procedure for the Boards of Appeal of the Office for Harmonization of the Internal Market (Trade Marks and Design). Statements for Entry in the Minutes of the Council Meeting at Which the Regulation was Adopted. Proposal for a Council Decision Approving the Accession of the European Community to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, Adopted at Madrid on 27 June 1989. Proposal for a Council Regulation Modifying the Council Regulation (EC) No 40/94 of 20 December 1993 on the Community Trade Mark to Give Effect to the Accession of the European Community to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, Adopted at Madrid on 27 June 1989. Comments. General Provisions; M.J.M. van Kaam. Absolute Grounds for Refusal; T. Mollet-Vieville. Relative Grounds for Refusal and Invalidity; C. Morcom, M. Edenborough. Reputed Trade Marks; W. von Meibom, F. Rodiger. International Exhaustion: the European Dimension; H. Goddar, A. Ebert-Weidenfeller. International Exhaustion: The World-Wide Dimension; R.M. Wincler. The Madrid System and the Community Trade Mark; G.F. Kunze. Transfer and License; W.A. Hoyng. Entitlement; F. Lopez de Rego. Rights Conferred; M. Franzosi. Collective Trade Marks; J. Feldges, I. Frost. Likelihood of Association; Ch. Gielen. The Registration Procedure; A. de Elzaburu, M.A. Baz. Jurisdiction and Procedure in Legal Actions; V. Scordamaglia. Community Trade Marks and Domestic Laws; S. Sandri. The Impact of the Community Trade Mark on Applicants in Non-Member Countries; F. Calvetti.