Special Protection of Trade Marks with a Reputation under European Union Law
Special Protection of Trade Marks with a Reputation under European Union Law

Author: Michal Bohaczewski

Publisher: Kluwer Law International B.V.

Published: 2020-04-09

Total Pages: 469

ISBN-13: 9403519916

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When a mark acquires a reputation, it becomes a means of attracting consumers by communicating to them various messages going beyond the indication of commercial origin of goods or services. Thus, trade marks familiar to the general public enjoy a special legal protection regime above and beyond that afforded trade marks in general, allowing them to benefit from enhanced protection against reproduction or imitation detrimental to, or taking unfair advantage of, the distinctive character of the mark or its repute. This richly researched book, the first comprehensive guide to current European Union (EU) law and practice concerned with reputed trade marks, conducts an in-depth analysis of this extended protection provided by Regulation 2017/1001 on EU trade marks and Directive 2015/2436 under which it is mandatory across all Member States. Using a practical approach, focused on identifying and analysing the criteria for infringement of trade marks with a reputation in proceedings before civil courts and in administrative proceedings before the European Union Intellectual Property Office (EUIPO) or national trade mark offices, the author addresses such elements of the special protection regime as the following: prerequisites for infringement of the right to a reputed mark common to all recognised forms of infringement; how to demonstrate each type of infringement of the right to the trade mark with a reputation (blurring, tarnishment and unfair advantage); proof of reputation; distinguishing the concept of well-known trade mark; legitimate versus questionable justifications of the ‘due cause’ exception within the meaning of EU law provisions; use of a disputed sign falling under freedom of expression; identifying the role of likelihood of confusion under the special regime; and how to prove the existence of a link between the signs in dispute. The author pays detailed attention to the case law of the Court of Justice and General Court of the EU, as well as cases before the EUIPO and national courts. He takes into account research from a number of Member States (plus Switzerland), thus widening prior work in the field from its predominant English-language context. With this book practitioners will confidently approach cases before courts, the EUIPO and national EU trade mark offices involving enhanced protection of trade marks with a reputation. In addition, the book will help judges and trade mark offices examiners to interpret the EU provisions and assess claims regarding such reinforced protection. For scholars and students of intellectual property law, this book will prove a cornerstone volume in the field.

Patent Prosecution
Patent Prosecution

Author: Harold Fullmer

Publisher:

Published: 2016-12-31

Total Pages: 406

ISBN-13: 9781632832269

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This book is suitable for a law school class on patent prosecution, which is advocacy in the United States Patent and Trademark Office. Books on patent law are not helpful to a lawyer developing an argument for patentability, because they often apply patent office standards that are different from those in court. This book includes edited cases and problems with answers to illustrate the topics, and a single case study consistent throughout the book includes an invention story, developing a theory of patentability, preparing a patent application, surprises in the patent office, and a response to a patent examiner¿s rejection.

Guide to the International Registration of Marks under the Madrid Agreement and the Madrid Protocol
Guide to the International Registration of Marks under the Madrid Agreement and the Madrid Protocol

Author: World Intellectual Property Organization

Publisher: WIPO

Published: 2019-09-11

Total Pages: 191

ISBN-13: 9280530542

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This Guide is primarily intended for applicants and holders of international registrations of marks, as well as officials of the competent administrations of the Member States of the Madrid Union. It leads them through the various steps of the international registration procedure and explains the essential provisions of the Madrid Agreement, the Madrid Protocol and the Common Regulations.

Introduction to Intellectual Property
Introduction to Intellectual Property

Author: Kerry Bundy

Publisher:

Published: 2021-02-24

Total Pages: 0

ISBN-13: 9781951693350

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Introduction to Intellectual Property provides a clear, effective introduction to patents, copyright, trademarks, and trade secrets. The text may be used by students and instructors in formal courses, as well as those applying intellectual property considerations to entrepreneurship, marketing, law, computer science, engineering, design, or other fields. The luminaries involved with this project represent the forefront of knowledge and experience, and the material offers considerable examples and scenarios, as well as exercises and references.

The Complete Guide to Patents, Copyrights, and Trademarks
The Complete Guide to Patents, Copyrights, and Trademarks

Author: Matthew L. Cole

Publisher: Atlantic Publishing Company

Published: 2008

Total Pages: 290

ISBN-13: 1601382316

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Hundreds of thousands of people apply for patents, copyrights, and trademarks in the United States every year. For example, the United States Patent and Trademark office recently reported that 452,633 patent applications were filed in one year. You can easily become one of these people if you have created the greatest American invention, if you are the next Stephen King and have written a book to prove it, or if you have designed an eye-catching logo for your company. The Complete Guide to Patents, Copyrights, and Trademarks will provide you with all the information you need to know about acquiring, registering, maintaining, and protecting your intellectual property. A patent is a grant of property rights to the inventor and essentially excludes others from making, using, and selling your invention, whereas a trademark is a word, symbol, or device used to indicate the source of goods and to distinguish your goods from those of others. A copyright, on the other hand, protects original works and the form of the expression rather than the subject matter. This new, exhaustively researched book will help you decide which of the three you need to apply for, as well as which things can be patented, trademarked, and copyrighted and which cannot. In this book, you will learn how to file an application, how to register, how to avoid infringement, and how to avoid common problems. Additionally, you will become knowledgeable about where to fi≤ the fees involved; laws and regulations associated with the process; the differences between copyrights, trademarks, and patents; the differences between utility, design, and plant patents; who may apply; attorneys and agents; and the forms you need to fill out. Whether you are applying for a patent, copyright, or trademark, this book will provide you with all the necessary information necessary to do so. The Complete Guide to Patents, Copyrights, and Trademarks is the only book you need to read if you want to protect your intellectual property. Atlantic Publishing is a small, independent publishing company based in Ocala, Florida. Founded over twenty years ago in the company presidentâe(tm)s garage, Atlantic Publishing has grown to become a renowned resource for non-fiction books. Today, over 450 titles are in print covering subjects such as small business, healthy living, management, finance, careers, and real estate. Atlantic Publishing prides itself on producing award winning, high-quality manuals that give readers up-to-date, pertinent information, real-world examples, and case studies with expert advice. Every book has resources, contact information, and web sites of the products or companies discussed.