How Certain is Trademark Protection, Really?
(2019) JAEM03 20191Department of Law
Faculty of Law
- Abstract
- Since its foundation, one of the main purposes of the European Union has
been to create a single market where goods and services, as well as people,
can move freely between Member States without internal borders nor other
regulatory obstacles. Common intellectual property legislation is necessary
as most goods and services indeed rely on intellectual property. This is
particularly true for trade marks since their aim is to communicate the origin
of the product to the consumer. The maintenance of a EUTM should
therefore be tremendously important for proprietors of a registered mark, as
they are a vital asset for most companies, and a cancellation of a EUTM
therefore result in devastating consequences for a company.
The focus of... (More) - Since its foundation, one of the main purposes of the European Union has
been to create a single market where goods and services, as well as people,
can move freely between Member States without internal borders nor other
regulatory obstacles. Common intellectual property legislation is necessary
as most goods and services indeed rely on intellectual property. This is
particularly true for trade marks since their aim is to communicate the origin
of the product to the consumer. The maintenance of a EUTM should
therefore be tremendously important for proprietors of a registered mark, as
they are a vital asset for most companies, and a cancellation of a EUTM
therefore result in devastating consequences for a company.
The focus of this thesis is therefore to analyse situations where registered
marks have lost protection, e.g. been cancelled, in order to explore how such
loss of protection and cancellations can be avoided. This thesis therefore
seeks to answer how, and to what extent, registered EUTMs is cancelled. This
is done through addressing the concepts of genuine use, the concept of
‘generic’ but also through analyzing how registrations and invalidity claims
may coexist to the extent they do. Further, the thesis elaborates on the
correlation between non-traditional trade marks and EUTM cancellations.
Lastly, and of importance for the present situation in the EU, the question of
cancellations resulting from the enlargement or reduction of the Union is
analysed including the ramifications of these scenarios. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9007976
- author
- Rangnitt, Caroline LU
- supervisor
-
- Ana Nordberg LU
- organization
- alternative title
- A study on how trademark proprietors may lose trademark protection.
- course
- JAEM03 20191
- year
- 2019
- type
- H2 - Master's Degree (Two Years)
- subject
- keywords
- Trademark, EU law, EUTM, Brexit, Genuine use, generic, traditional marks, non-traditional marks
- language
- English
- id
- 9007976
- date added to LUP
- 2020-04-22 15:31:41
- date last changed
- 2020-04-22 15:31:41
@misc{9007976, abstract = {{Since its foundation, one of the main purposes of the European Union has been to create a single market where goods and services, as well as people, can move freely between Member States without internal borders nor other regulatory obstacles. Common intellectual property legislation is necessary as most goods and services indeed rely on intellectual property. This is particularly true for trade marks since their aim is to communicate the origin of the product to the consumer. The maintenance of a EUTM should therefore be tremendously important for proprietors of a registered mark, as they are a vital asset for most companies, and a cancellation of a EUTM therefore result in devastating consequences for a company. The focus of this thesis is therefore to analyse situations where registered marks have lost protection, e.g. been cancelled, in order to explore how such loss of protection and cancellations can be avoided. This thesis therefore seeks to answer how, and to what extent, registered EUTMs is cancelled. This is done through addressing the concepts of genuine use, the concept of ‘generic’ but also through analyzing how registrations and invalidity claims may coexist to the extent they do. Further, the thesis elaborates on the correlation between non-traditional trade marks and EUTM cancellations. Lastly, and of importance for the present situation in the EU, the question of cancellations resulting from the enlargement or reduction of the Union is analysed including the ramifications of these scenarios.}}, author = {{Rangnitt, Caroline}}, language = {{eng}}, note = {{Student Paper}}, title = {{How Certain is Trademark Protection, Really?}}, year = {{2019}}, }