Explore
EU Trade Mark Law and Product Protection
Lavinia Brancusi
2024
0 Ungluers have
Faved this Work
Login to Fave
This book employs scholarly analysis to ground practical tools for applying the EU Trade Mark law (EUTM) functionality refusal grounds to address business needs when registering trade marks consisting of product characteristics. The study comprehensively examines the absolute grounds for a refusal of registration of functional signs under EUTM. It interprets the functionality refusal grounds through objective tests, focusing on the pro-competition rationale of denying trade mark exclusivity on product features that are technically or aesthetically important for competitors’ ability to trade in alternative products. The work takes a comparative approach looking at the US trade dress functionality doctrine, and a law and economics perspective on the role of trade marks and brands in the marketplace. It explores how competition rules related to market definition and the substitutability of products, as well as marketing and design findings related to branding and aesthetics, could be integrated into the legal assessment of EUTM functionality. The volume will be of interest to academics and researchers working in the areas of Intellectual Property Law, Trade Mark and Design Law, EU Law, Comparative Law, and Branding.
This book is included in DOAB.
Why read this book? Have your say.
You must be logged in to comment.
Rights Information
Are you the author or publisher of this work? If so, you can claim it as yours by registering as an Unglue.it rights holder.Downloads
This work has been downloaded 29 times via unglue.it ebook links.
- 29 - pdf (CC BY) at Unglue.it.
Keywords
- Comparative law
- Intellectual property law
- Jurisprudence & general issues
- Law
- Laws of Specific jurisdictions
- Trademarks law
Links
DOI: 10.4324/9781003376040Editions