EU trade mark law and product protection : a comparative analysis of trade mark functionality / Lavinia Brancusi.
2024
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Details
Title
EU trade mark law and product protection : a comparative analysis of trade mark functionality / Lavinia Brancusi.
Imprint
London ; New York : Routledge, 2024.
Description
1 online resource (338 pages)
Formatted Contents Note
The legal framework of trade marks' functionality in the EU
'La raison d'etre' of functionality in the EUTM : a tool for balancing interests between legal exclusivity and enhancing competition
The US legal framework of functionality doctrine : areas of convergence with EU law
Functionality within the framework of law and economics : competition concerns against protecting functional trade marks
Categories of signs falling within the scope of EUTM functionality refusal grounds
Technical functionality
Generic functionality : signs resulting from the nature of goods
The functionality of signs giving substantial value to goods.
'La raison d'etre' of functionality in the EUTM : a tool for balancing interests between legal exclusivity and enhancing competition
The US legal framework of functionality doctrine : areas of convergence with EU law
Functionality within the framework of law and economics : competition concerns against protecting functional trade marks
Categories of signs falling within the scope of EUTM functionality refusal grounds
Technical functionality
Generic functionality : signs resulting from the nature of goods
The functionality of signs giving substantial value to goods.
Summary
"This book explores applying the EU trade mark law (EUTM) functionality refusal grounds to address business needs when registering trade marks consisting of product characteristics. The study 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"--Publisher's description.
Bibliography, etc. Note
Includes bibliographical references and index.
Historical Data
Lavinia Brancusi is an adjunct professor at New Technologies Law Centre, Institute of Law Studies, Polish Academy of Sciences in Warsaw, Poland.
Source of Description
Description based on online resource; title from title screen (viewed September 12, 2023).
Access Note
Open Access
Linked Resources
Language
English
ISBN
9781003376040 (electronic book)
1003376045 (electronic book)
9781000902822 (PDF)
100090282X (PDF)
1000902927 (EPUB)
9781000902921 (electronic bk.)
9781032446318 (hardback)
9781032452289 (paperback)
1003376045 (electronic book)
9781000902822 (PDF)
100090282X (PDF)
1000902927 (EPUB)
9781000902921 (electronic bk.)
9781032446318 (hardback)
9781032452289 (paperback)
Record Appears in