In light of the ever-growing and developing jurisprudence of the Court of Justice and the General Court, and forthcoming substantive and systemic changes to the law, there is a need for a fresh and practical approach to the procedure and case law of trade marks in Europe.
Trade Mark Law in Europe is a comprehensive guide to European trade mark law following the jurisprudence of the Court of Justice of the European Union and the case law of the General Court. It provides a wide-ranging overview of the trade mark system, including detailed and critical discussion of forthcoming changes, as well as an in-depth look at the life of a trade mark up to enforcement. It considers the conditions for maintaining a registration, the protection and enforcement of
trade marks, and the interface between trade mark law and other areas of practice. Finally, it offers detailed and insightful analysis of current developments, challenges, and opportunities. This is complemented by an international and comparative approach which selectively considers the contemporary
jurisprudence of the Supreme Court of the United States and general US practice, as well as national jurisprudence in areas not yet covered by the CJEU.
Written by highly-regarded authors with considerable expertise across a range of constituencies, Trade Marks in Europe is a timely and important study of this complex and challenging area of law.
Dimitris Botis represents the OHIM before the General Court and Court of Justice and has dealt with files that have had a major impact on EU trade mark law. He has participated in numerous projects and conferences in the field of trade mark law, such as the drafting of the OHIM guidelines, exchanges with TM Offices and Courts both in the EU and worldwide (Supreme Administrative Court of Poland, Japanese, Indonesian, Danish and Norwegian Patent Offices, as well as in academic events (Queen Mary University of London, University of Alicante, OHIM University Network etc.). Spyros Maniatis has published extensively in the field of trade marks. He has been teaching trade mark law from an international and comparative perspective from more than twenty years and has played a key role in educating the professions in the UK, teaching for the Certificate in IP at Queen Mary and devising and teaching, with Imogen Wiseman, the new specialist Certificate in Trade Mark Law with ITMA. Alexander Muhlendahl holds academic visiting professorial appointments with Max Planck and QMUL. From January 2013 he will be teaching trade mark law with Spyros Maniatis for the new QMUL LL.M offered in Paris. Imogen Wiseman is co-editor of the ITMA/CIPA CTM Handbook and the ITMA/CIPA Community Designs Handbook. Examiner and lecturer for ITMA professional. She has been teaching trade mark law for ITMA for the last ten years and currently is teaching with Spyros Maniatis on the Certificate in Trade Mark Law.
Part 1 Introduction; Overview; the Institutions ; Part 2 Absolute Grounds; Relative Grounds ; Part 3 Maintaining a Registration; Challenges ; Part 4 Scope of Protection; Exhaustion; Enforcement; Limitations ; Part 5 Other Interactions ; Part 6 A Comparative Context ; Part 7 Current Challenges