trade mark
Reputation in European Trade Mark Law: A Re-examination
... a trade mark there can be no risk of confusion, and nor will any other function be ...Community Trade Mark Regulation, that it would be enough that ‘a commercially significant part’ of the ...
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Article The commercial functions of a trade mark, unconventional trade marks and modern technology
... bearing trade marks or Community trade marks within the EEA or EU that had not been put on market in the ...the trade mark is targeted at consumers in that ...the trade mark ...
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The biggest mistake of the European Trade Mark Directive and why the Benelux is wrong again. Between the European constitution and European conscience.
... §III4(I), §II25 and §II27 only allow trade mark infringement in case of "use in commerce" and exempt non-commercial use from trade mark liability." Society's aim t[r] ...
9
Confusion online: does the test for trade mark infringement on the internet differ from that applied to infringement in other spheres?
... the mark or the goods or services concerned, and whether when assessing the mark more attention should be paid to its distinctive and dominant components or its impression ...registered mark and the ...
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Searching questions: issues surrounding trade mark use on the Internet
... the Trade Marks Directive 2008/95 there has been debate over defining what functions trade marks actually perform, which of those functions ought to be protected and therefore what defines the concept of ...
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The intersection between keyword advertising and trade mark rights in Malaysia
... 19 In that case, the plaintiff alleged that Google sold the trade mark 'Rescuecom' to the plaintiffs competitors as a keyword that triggered the competitor~ sponsored links to appear on [r] ...
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Misrepresentation, confusion and the average consumer: to what extent are the tests for passing off and a likelihood of confusion within trade mark law identical?
... confused by such use, but this is corrected before the purchase is completed. It formed one of the arguments put forward in OCH-Ziff v. OCH Capital 24 where the claimant OCH-Ziff, a global asset management group, ...
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Approximation of national trade mark laws and creation of a Community trade mark law. Information Memo P-102/80, November 1980
... The proposed Communjty trade mark system wiLL make it possibLe, 'however, to obtain a trade mark that is valid over an area that includes a[[ the Member States of the Community by subm'i[r] ...
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The need for a European trade mark system. Competence of the European Community to create one. Commission working paper. Working Group on the Community Trade Mark. III/D/1294/79-EN, October 1979
... To recapitulate, it is clear from previous practice that all Member States have acknowledged by means of the Regulations adopted unanimously by the Council that the setting-up of institu[r] ...
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Bulletin of the Economic and Social Committee No. 1, 1997
... COMMUNITY TRADE MARK/INTERNATIONAL REGISTRATION OF MARKS Opinion of the Economic and Social Committee on the Proposal for a Council Decision approving the accession of the European Commu[r] ...
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LEGISLATION (INDIA TRADEMARK LAW)
... the trade mark the class and goods/services in respect of which it is registered including particulars affecting the scope of registration of rights conferred or disclaimers, if any; the address of the ...
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Proposal for a European Parliament and Council Directive on textile names. COM (93) 712 final, 25 January 1994
... If, however, when a textile product is offered for sale or is sold to the end consumer as referred to in the first subparagraph, a trade mark or a name of an undenaking is indicated whic[r] ...
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Volume 02 Issue 04: (2013) July-Aug. 2013
... this trade mark development policy, protecting it on the European Union territory, as well as on the territory of future member states after their adherence, an opportunity for the commerce, which is no ...
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Report from the Commission to the Council and the European Parliament on the functioning of the system set up by Council Regulation (EEC) No 3842/86 of 1 December 1988 (Counterfeit goods). SEC (91) 262 final, 15 February 1991
... It gives the owner of a trade mark the posslbl I lty, on request, of obtaining from customs the suspension for a specified period of the release of goods entered for free circulation, be[r] ...
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Marketing and the law: defending single color trademarks
... In this way, the Woolworths Case clearly demonstrates the need for accuracy in the evidence provided in support of single color trade mark applications in Australia. The third issue identified in the case ...
12
Legal Issues in Sports Marketing
... Further a person does not infringe a registered trade mark if the trade mark has been applied to, or in relation to, the goods with the consent of the registered owner of the trade mar[r] ...
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Case Studies on Impediments to Exports in Small Transition Economies
... - lack of established trade mark lias not affected iinports froin EESEs; hlarlieting - 0 in 19SS it was not required because everything was sliippecl under intergovernmental agreements, [r] ...
380
Image rights: exploitation and legal control in English and Hungarian law
... a trade mark prevents a third-party from using the trade mark in the course of their own ...registered trade mark is that it is easier to enforce because it automatically enjoys ...
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Trade marks as adwords: an aid to competition or a potential infringement? An evaluation of the Law in the light of recent decisions
... the trade mark to clearly signal trade origin had been ...the trade mark ...a trade mark in relation to article 5(1)(a) the CJEU have not morphed this provision with that ...
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Creating the missing link: applying collective marks to create clusters
... descriptive mark qualifies for registration without secondary meaning as collective mark, in which case the principles of openness and non- discrimination ...the mark, thus inhibiting the concept of ...
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