Special Trade Marks - Legislation and The Situation in The European Community
Abstract: As already indicated by the title, this thesis concentrates on the legal and practical issues concerning special marks in the European Community. Chapter 1 contains some general remarks together with comments on the scope, purpose and methodology of this thesis. Chapter 2 discusses international conventions affecting trade marks in general and special marks in particular. The European Community legal instruments on trade marks as well as the main contents of the Community trade mark are addressed in Chapter 3. The author hopes that readers will obtain an overview of the Community trade mark situation after reading this chapter. Chapter 4 deals with the doctrine of functionality that is crucial in determining the requirement of distinctiveness for trade marks. The doctrine is also relevant to any discussion about the protection of special marks. The most important part of the thesis is discussed in Chapter 5. This chapter seeks reasonable answers to questions relating to special marks, e.g. what is the borderline between protectable and unprotectable special marks, what are solutions to the controversial issues of specific unusual marks. Finally, Chapter 6 summarises remarks drawn from previous Chapters.
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