Introduction to Trade Mark Law in the Benelux
Introduction to Trade Mark Law in the Benelux

Author: W. Mak

Publisher: Springer Science & Business Media

Published: 2013-06-29

Total Pages: 138

ISBN-13: 940174405X

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In Holland it is a frequent and happy phenomenon that experts employed by a particular company do not confine their knowledge and experience purely within the privacy of that firm, but allow others to profit therefrom by being active within professional or business organisations, committees and so on. Professional journals also contain contributions from such experts with gratifying regularity. It is, however, extremely seldom and thus all the more welcome if such experts, in this case company lawyers, are willing to do even more. Mister Mak (LL.D.) and Mister Molijn (LL.M.) have been able to find the time and the quiet (or have sacrificed their own free time) to place on record for the benefit of the business world in Holland their great knowledge of trade mark law and their practical opinions. Those who are no strangers in this trade mark Jerusalem, know that the authors have not acquired their knowledge and experi ence solely within the large companies in which they are em ployed, but also in committees and on the boards of organisations which devote themselves to achieving good trade mark protection and to stimulating and/or criticising new developments in the legislative field. This fact is evident from the critical obser vations in this book and gives the book an interesting extra dimension.

European Trademark Law
European Trademark Law

Author: Tobias Cohen Jehoram

Publisher: Kluwer Law International B.V.

Published: 2010-09-30

Total Pages: 730

ISBN-13: 9041137459

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European Trademark Law describes all relevant developments in both legislation and case law, in particular of the Court of Justice, offering not only a succinct introduction to the theory, structure and nature of trademark law, but also insightful suggestions for resolving and answering a host of practical problems. As the authors note, their book provides an ‘overview of trademark law rather than an overview of trademark legislation.’ The authors view the law from different perspectives; they take both the European perspective and the perspective from harmonised national trademark law, in particular as it is in the Benelux countries. Paying particular attention to the implications of the considerable stream of case law that has followed from partially new doctrines set in place by the harmonization process, the book greatly clarifies the workings and interrelations of such factors as the following: situations that did not constitute infringement under former trademark law but do constitute infringement today and vice versa; different types of marks and their particularities; registration and opposition procedures; relevant international treaties; requirements for the mark; grounds for refusal and invalidity; scope of and limitations to trademark protection; use of trademarks in comparative advertising; referential use of trademarks; use of trademarks on the internet; exhaustion of rights, parallel trade; concepts of well known trademarks and trademarks with a reputation; procedural aspects of enforcing trademark rights; how trademark rights are lost.The analysis also covers specific aspects of the trademark right that are related to other legal areas, such as property law, trade name law, the law regarding geographical indications of origin, copyright law, competition law, and product liability. An especially valuable part of the book’s presentation follows the ‘life’ of a trademark from filing the application up to and including its cancellation, revocation or invalidity.

The Trade Mark Laws of the United States, France, Great Britain, German Empire, Canada, Belgium, Russia and Austria [microform]
The Trade Mark Laws of the United States, France, Great Britain, German Empire, Canada, Belgium, Russia and Austria [microform]

Author: Francis D 1904 Forbes

Publisher: Legare Street Press

Published: 2023-07-18

Total Pages: 0

ISBN-13: 9781020516948

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This legal reference book provides an overview of trademark laws in various countries around the world. It includes detailed information about the trademark application process, as well as advice for protecting your trademark rights. This book will appeal to anyone interested in intellectual property law or international trade. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

International Trademark Licensing
International Trademark Licensing

Author: Stojan Arnerstål

Publisher: Kluwer Law International B.V.

Published: 2021-08-11

Total Pages: 367

ISBN-13: 9403519207

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Increasingly, firms use licensing to exploit and commercialize trademarks internationally. In a globalized market, the free flow of goods and services by means of licensing requires detailed knowledge of national legal provisions and principles that apply to agreements of this type. This chapter-by-chapter comparative overview on the law and application of trademark licensing worldwide – including chapters on such key commercial jurisdictions as the EU Member States, the United Kingdom, the United States, Brazil, and Japan – is written by a team of experienced and distinguished attorneys, each representing a particular country. Each contributor describes and analyses legal challenges and offers practical guidance on licensing issues in his or her national jurisdiction. Within this framework, each chapter discusses such issues and topics as the following: country-specific regulations on trademark licensing; particular legal requirements to be complied with prior to entering into a license agreement; antitrust legislation affecting the scope of a license agreement; breach of a trademark licensing agreement; circumstances under which a breach of contract also constitutes a trademark infringement; permitted extent of non-compete or non-challenge clauses; licensee’s standing to sue third parties for trademark infringement; effect of invalidation or expiry of the licensed trademark on the agreement; and licensee’s right to claim entitlement to goodwill in the trademark, or a right to compensation, for investments made in the trademark. Because of the broad range and variety of countries covered, the book will be welcomed by legal practitioners dealing or coming into contact with trademark licensing in practically any jurisdiction. Taken together, the chapters provide invaluable insights into the similarities and differences among the covered jurisdictions, helping trademark holders and their counsel to understand the particulars of a specific market and deciding whether to enter it or not. It will also be valuable as a comprehensive resource for academic researchers or policymakers interested in the international harmonization of intellectual property licensing law.

Trade Mark Law in Europe
Trade Mark Law in Europe

Author: Ulrich Hildebrandt

Publisher: Kluwer Law International B.V.

Published: 2024-01-16

Total Pages: 750

ISBN-13: 9403541377

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Trade mark law practitioners agree that Ulrich Hildebrandt’s Trade Mark Law in Europe hugely enhances their work. This fourth edition follows the same well-known, intensely practical, time-saving format, with each provision of current law (Directive 2015/2436) reproduced in its original English wording and annotated with relevant passages from all relevant decisions of the European Court of Justice, as well as relevant provisions of the Community Trade Mark Regulation and the national trade mark acts of all Member States implementing the Directive. The author’s expert commentary on each provision expressly marks major changes to previous versions of the Directive, highlights when case law concerning a previous version remains relevant and translates passages that lack an official English text. Among the fundamental questions addressed are the following: When is it possible to register a geographical indication as a trademark? Are colours and sounds capable of registration? When may the reputation of a mark be invoked to protect it? How mundane could a sign be and still claim to be distinctive? When can it be said that there has been no genuine use of a trade mark? Where does the Court’s function theory influence the trademark law? Given a topic or keyword, appendices assist in the quick finding of any provision of the Directive and relevant case law. There is no other resource presenting the original wording of ECJ case law, broken down by specific points of law and directly related on an article-by-article basis to EU and Member State trade mark legislation. As a highly organized presentation of key information, this is an ideal initial tool that makes any research into European trade mark law fast and easy, whether for academic purposes or actual legal practice. Lawyers, in-house counsel, judges, and academics will all welcome this new edition.