The Confusion Test in European Trade Mark Law PDF Download
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Author: Ilanah Simon Fhima
Publisher: Oxford University Press, USA
ISBN: 9780199674336
Category : Law
Languages : en
Pages : 0
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Book Description
Introduction: The Likelihood of Confusion --Similarity of Marks --Composite Marks --Similarity of Goods and Services --Distinctiveness of the Marks --Assessing Likelihood of Confusion --The Timing of Confusion --Non-Traditional Marks and the Likelihood of Confusion.
Author: Ilanah Simon Fhima
Publisher: Oxford University Press, USA
ISBN: 9780199674336
Category : Law
Languages : en
Pages : 0
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Book Description
Introduction: The Likelihood of Confusion --Similarity of Marks --Composite Marks --Similarity of Goods and Services --Distinctiveness of the Marks --Assessing Likelihood of Confusion --The Timing of Confusion --Non-Traditional Marks and the Likelihood of Confusion.
Author: Ilanah Fhima
Publisher:
ISBN: 9780191656071
Category : Electronic books
Languages : en
Pages : 321
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Book Description
A clear, complete and systematic account of the confusion test within the European trade mark system, analysing the subject's theoretical underpinnings and providing practical guidance on the relevant case law.
Author: Ilanah Simon Fhima
Publisher:
ISBN: 9780191932830
Category : Electronic books
Languages : en
Pages : 260
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Book Description
A clear, complete and systematic account of the confusion test within the European trade mark system, analysing the subject's theoretical underpinnings and providing practical guidance on the relevant case law.
Author: Jeroen Muyldermans
Publisher: Kluwer Law International B.V.
ISBN: 9403505613
Category : Law
Languages : en
Pages : 456
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Book Description
Since 1994 European Union (EU) case law touching on trade mark confusion has become so diverse and has grown so numerous that it is difficult to see the wood for the trees. This is the first book to give a complete synthesis of the thousands of decisions that have been handed down over the past decades, illustrated with many examples and images. Providing a highly structured and complete overview of the confusion test and all assessment criteria as determined by the General Court and Court of Justice, the authors unravel the concept of likelihood of confusion and establish a sound and thorough methodology for resolving confusion in any trade mark case. Among the practical features offered by the analysis are the following: consideration of the constituent criteria of the confusion test through a simple three-step test examining the similarity among goods and services, similarity between different trade marks and global appreciation of confusion; the identification of the ‘relevant consumer’, including from territorial and linguistic points of view; guidance on procedural aspects of the confusion test before the EU courts, as well as before the EU Intellectual Property Office and its Boards of Appeal; identifying the dominant and distinctive components of a trade mark – phonetic, visual and conceptual; the concept of similarity and the Nice Agreement; the principle of ‘partial use’; effect of the terms of sale of the goods or services; consideration of the existence of a family or series of trade marks; and consideration of the effects of coexistence on the confusion test. Numerous illustrated examples of trade marks involved in confusion cases enhance the presentation. Any practitioner dealing with trademark confusion in infringement proceedings before EU or national courts, or in opposition proceedings before national offices or the EU Intellectual Property Office, will be enabled to approach each case with full awareness of applicable criteria of assessment. This much-needed synthesis of case law will quickly become a standard work among lawyers, examiners and judges acting in trade mark matters.
Author: Ilanah Simon Fhima
Publisher:
ISBN: 9780191656064
Category : Trademarks
Languages : en
Pages : 321
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Book Description
A clear, complete and systematic account of the confusion test within the European trade mark system, analysing the subject's theoretical underpinnings and providing practical guidance on the relevant case law.
Author: Rochelle Cooper Dreyfuss
Publisher: Oxford University Press
ISBN: 0198758456
Category : Law
Languages : en
Pages : 1025
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Book Description
A comprehensive overview of intellectual property law, this handbook will be a vital read for all invested in the field of IP law. Topics include the foundations of IP law; its emergence and development in various jurisdictions; its rules and principles; and current issues arising from the existence and operation of IP law in a political economy.
Author: Wolfgang Sakulin
Publisher: Kluwer Law International B.V.
ISBN: 9041134158
Category : Law
Languages : en
Pages : 424
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Book Description
Trademark law grants right holders an exclusive right to prevent third parties from using a sign. This can readily be seen as the antithesis of freedom of expression, which arguably includes a right of third parties to non-exclusive use of a sign for a variety of purposes, ranging from informing consumers, to voicing criticism or to artistic expression. Drawing on cultural theory and which has shown that society is involved in a constant struggle about shaping the meaning of signs (including trademarks) and this highly original and provocative book contends that trademark law fails to sufficiently differentiate between commercial purpose and the social, political, or cultural meanings carried by one and the same sign. The author shows that the andfunctional approachand to justifying trademark rights taken in current jurisprudence and doctrine is deficient, in that it does not take sufficient account of the fact that trademark rights can restrict the freedom of expression of third parties. Specifically, the exercise of rights granted under the European Trademark Regulation and the national trademark rights harmonized by the European Trademark Directive can cause a disproportionate impairment of the freedom of commercial and non-commercial expression of third parties as protected by Article 10 of the European Convention on Human Rights (ECHR). The authorands in-depth analysis explores such elements as the following: o the economic and ethical rationales of trademark rights; o whether trademark rights under European law can be justified by these rationales; o how freedom of expression can serve as a limitation to trademark rights; o what level of protection such freedom of expression grants to third parties; o the role of trademarks of social, cultural, or political importance in public discourse; o chilling effects on public discourse that can be caused by the exercise of trademark rights; o the interpretation of provisions regulating the grant and revocation of trademark rights in light of freedom of expression; and o the interpretation of the scope of protection and the limitations of trademark rights in light of freedom of expression. In effect, the analysis serves to expand the focus of legislators, courts, and trademark registering authorities from the interests of trademark right holders, who seemingly are granted ever more protection, to the justified interests of third parties. The critical analysis of existing trademark law leads the author to clearly identify the areas of trademark law in which the law needs to be reinterpreted and the areas in which legislative action should be taken, with recommendations for a number of limitations that should aid legislators in drafting concrete amendments. The new insights and imperatives provided by this book are sure to prove useful to both courts interpreting existing provisions of trademark laws and to legislators who are faced with the challenges of drafting new rules or revising existing laws.
Author: Georg von Graevenitz
Publisher:
ISBN:
Category :
Languages : en
Pages : 60
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Book Description
This report explores the problem of "cluttering" of trade mark registers. The report consists of two parts:The first presents a conceptual discussion of “cluttering” of trade mark registers.The second part provides an exploratory empirical analysis of trade mark applications at the UK Intellectual Property Office (IPO) and the European trade mark office (OHIM).This part contains results of a descriptive and an econometric analysis.
Author: Rasmus Dalgaard Laustsen
Publisher: Springer Nature
ISBN: 3030263509
Category : Law
Languages : en
Pages : 441
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Book Description
This book contends that, with regard to the likelihood of confusion standard, European trademark law applies the average consumer incoherently and inconsistently. To test this proposal, it presents an analysis of the horizontal and vertical level of harmonization of the average consumer. The horizontal part focuses on similar fictions in areas of law adjacent to European trademark law (and in economics), and the average consumer in unfair competition law. The vertical part focuses on European trademark law, represented mainly by EU trademark law, and the trademark laws of the UK, Sweden, Denmark and Norway. The book provides readers with a better understanding of key aspects of European trademark law (the average consumer applied as part of the likelihood of confusion standard) and combines relevant law and practices with theoretical content and other related areas of law (and economics). Accordingly, it is an asset for policymakers and practitioners, as well as general readers with an interest in intellectual property law and theory.
Author: Tim W. Dornis
Publisher: Cambridge University Press
ISBN: 1107155061
Category : Law
Languages : en
Pages : 699
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Book Description
This book will be of interest for all jurists doing research and working practically in intellectual property law and international economic law. It should be an element of the base stock for every law school library and specialized law firm. This title is available as Open Access.
