Chapter

A Private Right Conferred Directly by EU Trade Mark Law: An Analysis of the Concept of ‘Distinctiveness’ under EU Law

Rosa Greaves

in From Single Market to Economic Union

Published in print June 2012 | ISBN: 9780199695706
Published online September 2012 | e-ISBN: 9780191741302 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199695706.003.0008
A Private Right Conferred Directly by EU Trade Mark Law: An Analysis of the Concept of ‘Distinctiveness’ under EU Law

Show Summary Details

Preview

This chapter examines the concept of ‘distinctiveness’, as it is written under EU law. It first identifies the basic rules about the way ‘distinctiveness’ can be established. It briefly discusses the solutions used by the European Court of Justice (ECJ) from resolving the national private law rights of trade mark owners with EU law to adopting the European Union Trade Mark (EUTM) Regulation. It reveals that under EU law, a mark should be considered as ‘distinctive’ before it can be registered as a trade mark. The rest of chapter studies cases that used tests that help determine the ‘distinctiveness’ of combined words.

Keywords: distinctiveness; EU law; national private law rights; trade mark owners; EUTM Regulation

Chapter.  10286 words. 

Subjects: EU Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.