Chapter

Equal Before the Law? Not if You Want to Register a Trade Mark

David T Keeling

in Continuity and Change in EU Law

Published in print March 2008 | ISBN: 9780199219032
Published online January 2009 | e-ISBN: 9780191711862 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199219032.003.0016
 Equal Before the Law? Not if You Want to Register a Trade Mark

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This chapter examines the principle of equal treatment as it applies to trade mark. It argues that trade mark registration is in danger of becoming a lottery; the danger can only be averted if the CFI and ECJ start stressing the Office's duty to act consistently, to apply common standards, to identify analogous cases and to give them similar treatment. The CFI and ECJ also need to understand that genuine consistency in decision-making practice can only be achieved at the purely administrative level.

Keywords: principle of equal treatment; trademarks; trade mark applications; EU; CFI; ECJ

Chapter.  7411 words. 

Subjects: EU Law

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