Beschreibung:
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.
The European Union Trade Mark (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 Trade Mark' 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.
Preface 5Glossary 7Part A: Introduction to the EUTM system 121. Introduction to the Union and the EUTM system2. The Office3. Before an application is filedPart B: Applications 454. Overview of the EUTM application process5. Basic requirements and formalities6. Classification7. Absolute grounds objections8. Overcoming objections and amendments to applications9. After acceptancePart C: Oppositions 10910. Overview of the EUTM opposition procedure11. Basic requirements and formalities12. Relative grounds13. Submissions and evidence14. Termination of proceedingsPart D: Post-registration 17515. Maintenance and amendment16. Transactions involving EUTM rights17. Revocation actions18. Invalidity actionsPart E: Appeals 23719. Overview and the Boards of Appeal20. The appeals processPart F: Enforcement 25321. Basic principles22. Infringement23. Defences and avoiding infringementPart G: Particular features 281 of the EUTM system24. Seniority25. Conversion26. Restitutio in integrum27. Continuation and interruption of proceedings28. EU collective marks29. EU certification marksPart H: International marks 31930. Introduction to the Madrid Protocol31. The Office as Office of Origin32. Union designationsAbout the authors 351Index 353