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How Certain is Trademark Protection, Really?

Rangnitt, Caroline LU (2019) JAEM03 20191
Department 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:
author
Rangnitt, Caroline LU
supervisor
organization
alternative title
A study on how trademark proprietors may lose trademark protection.
course
JAEM03 20191
year
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}},
}