Rights Conferred by European Community Trade Mark
##plugins.themes.bootstrap3.article.main##
Abstract
The rights of a holder of a Community Trade Mark may be divided into a few groups: rights for protection of a registered trade mark and rights related to a registered trade mark as an object of property. Rights for protection of a registered trade mark confer on the holder certain exclusive rights with regard to third parties and are defined in the negative terms and include the following list of prohibited actions for the third persons: the use of identical or misleadingly similar sign to a registered trade mark on products or packaging (services), the importation or exportation of products under that sign and the use of the sign in business papers and advertising. The wider protection is granted to Community trade marks which are well-known or having reputation in the Community. The scope of rights for protection of Community trade mark is clearly defined in the EC Regulation. Different situation exists with the property rights of a holder of a Community Trade Mark. The principal rule is that property questions are dealt with according to the laws of the Member State in which the holder has his seat or domicile and, where there is no such seat or domicile, where he has an establishment.
##plugins.themes.bootstrap3.article.details##
Section
Articles
Authors contributing to Jurisprudence agree to publish their articles under a Creative Commons Attribution-NoDerivatives 4.0 International Public (CC BY-NC-ND) License, allowing third parties to share their work (copy, distribute, transmit) and to adapt it, under the condition that the authors are given credit, and that in the event of reuse or distribution, the terms of this licence are made clear.
Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
