Some issues concerning the Functionality of Trade marks in the EU and in Vietnam

University essay from Lunds universitet/Juridiska institutionen

Abstract: This thesis is divided into 6 parts. In the 1st part, there are some general remarks concerning the rationale for the choice of topic and the methods used for researching and delimiting it. In the 2nd part, various systems of international and national legislation regulating trade marks are introduced. There is also a very short introduction to some general trade mark issues. The notion of trade mark functionality is considered in the 3rd part. Here, based mainly on US statute and case law, which are considered as the origin of this notion, functionality is seen through two features: utilitarian features and competitive features. In this part, I also give some differences between the purposes of patents and trade marks to ground the reason for the role of the border between them in the functionality doctrine. The content of the 3rd part is to be considered as background to parts 4 and 5. In the former of these, the main contents of functionality and some disputes about this topic in the EU are covered through an analysis of EU trade mark legislation, EU cases and some articles. In Vietnam, my country, this issue is quite new. So, the concern of part 5 is to see how functionality would operate within existing Vietnamese trade mark legislations in order to try and 'foresee' its future. Part 6 is a conclusion that consists of a general summary and my views concerning the issues I have written about.

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