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Title: New European Union Trade Mark Regime and the Institutionalisation Within it of the Co-existence of National and European Union Trade Mark Rights
Authors: Cook, Trevor
Keywords: EU Trade Mark Regime;Community Trade Mark;EU Trade Mark;EU certification marks;Comparative advertising
Issue Date: Jan-2016
Publisher: NISCAIR-CSIR, India
Abstract: The long awaited revision to the EU Trade Mark Regime, consisting of a regulation that amends the existing one on the Community Trade Mark (to be renamed the European Union Trade Mark), and a new Directive to replace the one that harmonises the trade mark laws of EU Member States, completed its legislative passage on 16 December 2015, and will enter into force in stages from March 2016. In part the revisions that the two measures effect to the existing EU trade mark regime reflect or respond to the interpretations placed on the earlier legal framework by the Court of Justice of the EU. In other respects such amendments are aimed at further harmonising the national regimes and at more closely aligning the national and EU ones. Notably however the new regimeretains, and indeed institutionalises, the co-existence between registered trademarks at EU level and at national level. In addition to discussing some of the changes effected by the new regime this article reviews certain aspects of such co-existence, and provides examples from recent case law as to when registered trade marks at a national level can provide benefits as against those at an EU level.
Page(s): 57-61
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Appears in Collections:JIPR Vol.21(1) [January 2016]

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