Chapter

Trade marks

David T. Keeling

in Intellectual Property Rights in EU Law Volume I: Free Movement and Competition Law

Published in print January 2004 | ISBN: 9780198259183
Published online March 2012 | e-ISBN: 9780191681912 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198259183.003.0008

Series: Oxford European Union Law Library

Trade marks

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A trade mark can only fulfil its function as a guarantee of origin if it is exclusive. The trade mark owner must be able to prevent other undertakings from using, in the territory in which he owns the mark, an identical or confusingly similar trade mark (‘a conflicting mark’) in relation to identical or similar goods or services. At the national level, trade mark conflicts have traditionally been resolved on the basis of seniority: the earlier mark prevails over the more recent one. Registration systems have simplified matters considerably. Undertakings register their trade marks, whenever possible, and so gain official recognition of their exclusive rights. Registration constitutes universal notice of the existence of the exclusive right, and serves as a basis for preventing other undertakings from using or registering conflicting trade marks.

Keywords: trade marks; registration system; trade mark owner; official recognition; exclusive rights; conflicting trade marks

Chapter.  47453 words. 

Subjects: Intellectual Property Law

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