Book contents
- The Cambridge Handbook of International and Comparative Trademark Law
- The Cambridge Handbook of International and Comparative Trademark Law
- Copyright page
- Contents
- Editors and Contributors
- Foreword
- Preface
- Part One International Aspects of Trademark Protection
- Part Two Comparative Perspectives on Trademark Protection
- I The Nature and Functions of Trademarks
- II Signs That Can Be Protected as Trademarks
- 11 Protectable Trademark Subject Matter in Common Law Countries and the Problem with Flexibility
- 12 Signs Eligible for Trademark Protection in the European Union
- III Public Policy Limitations of Trademark Subject Matter
- IV The Relationship between Trademarks and Geographical Indications
- V Certification and Collective Marks
- VI The Relationship between Trademark Law and Advertising Law
- VII The Relationship between Trademark Law and the Right of Publicity
- VIII Trademarks and Domain Names
- IX Overlapping Rights
- X Theories Underlying the Standards for Trademark Infringement
- XI Trademark Dilution
- XII Secondary Trademark Liability
- XIII Trademark Defenses
- XIV The Principle of Exhaustion of Trademark Rights
- XV Trademark Transactions
- Index
12 - Signs Eligible for Trademark Protection in the European Union
Dysfunctional Incentives and a Functionality Dilemma
from II - Signs That Can Be Protected as Trademarks
Published online by Cambridge University Press: 18 September 2020
- The Cambridge Handbook of International and Comparative Trademark Law
- The Cambridge Handbook of International and Comparative Trademark Law
- Copyright page
- Contents
- Editors and Contributors
- Foreword
- Preface
- Part One International Aspects of Trademark Protection
- Part Two Comparative Perspectives on Trademark Protection
- I The Nature and Functions of Trademarks
- II Signs That Can Be Protected as Trademarks
- 11 Protectable Trademark Subject Matter in Common Law Countries and the Problem with Flexibility
- 12 Signs Eligible for Trademark Protection in the European Union
- III Public Policy Limitations of Trademark Subject Matter
- IV The Relationship between Trademarks and Geographical Indications
- V Certification and Collective Marks
- VI The Relationship between Trademark Law and Advertising Law
- VII The Relationship between Trademark Law and the Right of Publicity
- VIII Trademarks and Domain Names
- IX Overlapping Rights
- X Theories Underlying the Standards for Trademark Infringement
- XI Trademark Dilution
- XII Secondary Trademark Liability
- XIII Trademark Defenses
- XIV The Principle of Exhaustion of Trademark Rights
- XV Trademark Transactions
- Index
Summary
In the European Union, the criteria for determining a sign’s eligibility for trademark protection are largely harmonized.1 On one hand, the trademark legislation and office practices in EU member states must keep within the harmonized legal framework set forth in the EU Trade Mark Directive (TMD).2 On the other hand, the European Union Trade Mark Regulation (EUTMR)3 provides for a set of eligibility criteria applying to European Union trademarks (EUTM) with equal effect throughout the EU territory.4 As the rules in the Regulation are in line with those in the Directive, the two legislative instruments constitute a robust body of harmonized norms informing the decision on the registration of a sign as a trademark. The harmonizing effect is enhanced by the fact that national courts must refer questions relating to the application and interpretation of eligibility criteria to the Court of Justice of the European Union (CJEU).5
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- Publisher: Cambridge University PressPrint publication year: 2020