European Community Trade Mark

An established trade mark provides recognition valuable to trade and sales promotion, and acts as an indication of quality. These undeniable functions of the trade mark must be coupled with adequate protection to avoid jeopardizing these essential aspects. The need for unification, at least at the European level, can no longer be disregarded. The Community Directive and Regulation are the response to this need. This commentary provides the texts of essential legislation and offers an analysis of the Directive and Regulation, also in their 'historical' context, as seen through the eyes of leading European experts in the field. Issues such as grounds for refusal, entitlement, registration procedures, jurisdiction and procedure in legal actions and the impact of the Community Trade Mark on applicants from non-Member countries are adressed. This commentary provides an invaluable tool for both practioners and scholars, as well as marketing managers, for interpreting the Community provisions in this specialized and important area. Moreover, since the Council Directive and the Commission Regulations have been transformed into national laws in many Member States of the EU, this commentary is of valuable help in the interpretation and analysis of national European trade mark laws. This unique work is neither too scholarly nor too elementary, but couples the strong theoretical background and practical experience of contributors stemming from diverse legal and practical cultures.