The European Union Trade Mark

A Practical Guide

By (author) Mark Holah, Patricia Collis

Publication date:

01 November 2016

Length of book:

361 pages

Publisher

Globe Law and Business

Dimensions:

240x160mm
6x10"

ISBN-13: 9781909416666

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 5 Glossary 7 Part A: Introduction to the EUTM system 12 1. Introduction to the Union and the EUTM system 2. The Office 3. Before an application is filed Part B: Applications 45 4. Overview of the EUTM application process 5. Basic requirements and formalities 6. Classification 7. Absolute grounds objections 8. Overcoming objections and amendments to applications 9. After acceptance Part C: Oppositions 109 10. Overview of the EUTM opposition procedure 11. Basic requirements and formalities 12. Relative grounds 13. Submissions and evidence 14. Termination of proceedings Part D: Post-registration 175 15. Maintenance and amendment 16. Transactions involving EUTM rights 17. Revocation actions 18. Invalidity actions Part E: Appeals 237 19. Overview and the Boards of Appeal 20. The appeals process Part F: Enforcement 253 21. Basic principles 22. Infringement 23. Defences and avoiding infringement Part G: Particular features 281 of the EUTM system 24. Seniority 25. Conversion 26. Restitutio in integrum 27. Continuation and interruption of proceedings 28. EU collective marks 29. EU certification marks Part H: International marks 319 30. Introduction to the Madrid Protocol 31. The Office as Office of Origin 32. Union designations About the authors 351 Index 353

It is objective, clear-eyed, clearly explained and up to date