Essays about: "trade mark owner"
Found 5 essays containing the words trade mark owner.
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1. Trade Mark Law and the Concept of Bad Faith : A fair balance between the protection of exclusive rights conferred on the proprietor and free access to the European market?
University essay from Uppsala universitet/Juridiska institutionenAbstract : The purpose of the research is the analysis of the concept of bad faith in the sphere of trade marks from the perspective of a fair balance of different interests of the trade mark proprietor and other undertakings in the European market. On the one hand, the starting point of European trade mark law is the protection of exclusive rights conferred on the owner of a registered mark. READ MORE
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2. Should European Trade Mark Law Include an Explicit Parody Exception as a Limitation to Trade Mark Rights? : A focus on consumers of trade marks with reputation
University essay from Uppsala universitet/Juridiska institutionenAbstract : This thesis seeks to determine whether or not the inclusion of an explicit parody exception would be beneficial for EU trade mark law. The thesis presents all the variables that need to be taken into account in the decision, putting a special emphasis in the importance of considering the negative effects that a hypothetical inclusion can have on the consumers of the parodied reputed trade marks as this variable has been widely disregarded among scholars. READ MORE
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3. SCOPE OF TRADEMARK PROTECTION
University essay from Lunds universitet/Juridiska institutionenAbstract : The rationale behind trademark law is to protect business goodwill and reputation, but the ultimate benefactor is the public. The trademark as a badge of origin serves as identifier of quality of the products, and thereby facilitates the public in eliminating the confusion about the source of products. READ MORE
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4. Likelihood of confusion in the judgements of the European Courts and in the decisions of the OHIM
University essay from Lunds universitet/Juridiska institutionenAbstract : According to the ECJ, the assessment of the likelihood of confusion between two trade marks requires a consideration of numerous elements and, in particular: the degree of similarity between the trade marks and between the goods or services identified&semic the recognition of the trade mark on the market&semic the association which can be made with the used or registered sign. Moreover, it is important to underline the fact that there is an interrelation between the similarity of the marks and the similarity of the goods. READ MORE
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5. Repackaging of pharmaceuticals
University essay from Lunds universitet/Juridiska institutionenAbstract : Intellectual property rights easily come in conflict with the objectives of the EC Treaty since they are exclusive in their nature and can be seen as a legal way to create trade barriers. In Article 222 of the Treaty it is stated that the Treaty shall not prejudice the rules in the Member States governing the system of property ownership, and in Article 36 it is permitted to protect intellectual property rights in spite of the free movement provisions. READ MORE
