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oapen-20.500.12657-637222023-07-05T02:39:59Z EU Trade Mark Law and Product Protection Brancusi, Lavinia Absolute Refusal Grounds;Aesthetic Functionality;EU Trade Mark Law;Intellectual Property;Invalidity;Law and Economics;Market definition;Overlapped Protection;Product Protection;Product substitutability;Registration;Technical functionality;Trade Dress;Trade marks;US functionality bic Book Industry Communication::L Law::LN Laws of Specific jurisdictions::LNR Intellectual property law::LNRF Trademarks law bic Book Industry Communication::L Law::LA Jurisprudence & general issues::LAM Comparative law This book employs scholarly analysis to ground practical tools for applying the EU Trade Mark law (EUTM) functionality refusal grounds to address business needs when registering trade marks consisting of product characteristics. The study comprehensively examines the absolute grounds for a refusal of registration of functional signs under EUTM. It interprets the functionality refusal grounds through objective tests, focusing on the pro-competition rationale of denying trade mark exclusivity on product features that are technically or aesthetically important for competitors’ ability to trade in alternative products. The work takes a comparative approach looking at the US trade dress functionality doctrine, and a law and economics perspective on the role of trade marks and brands in the marketplace. It explores how competition rules related to market definition and the substitutability of products, as well as marketing and design findings related to branding and aesthetics, could be integrated into the legal assessment of EUTM functionality. The volume will be of interest to academics and researchers working in the areas of Intellectual Property Law, Trade Mark and Design Law, EU Law, Comparative Law, and Branding. 2023-07-03T10:07:44Z 2023-07-03T10:07:44Z 2024 book 9781003376040 9781032446318 9781032452289 https://library.oapen.org/handle/20.500.12657/63722 eng application/pdf Attribution 4.0 International 9781000902822.pdf Taylor & Francis Routledge 10.4324/9781003376040 10.4324/9781003376040 7b3c7b10-5b1e-40b3-860e-c6dd5197f0bb 9781003376040 9781032446318 9781032452289 Routledge 349 open access
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This book employs scholarly analysis to ground practical tools for applying the EU Trade Mark law (EUTM) functionality refusal grounds to address business needs when registering trade marks consisting of product characteristics. The study comprehensively examines the absolute grounds for a refusal of registration of functional signs under EUTM. It interprets the functionality refusal grounds through objective tests, focusing on the pro-competition rationale of denying trade mark exclusivity on product features that are technically or aesthetically important for competitors’ ability to trade in alternative products. The work takes a comparative approach looking at the US trade dress functionality doctrine, and a law and economics perspective on the role of trade marks and brands in the marketplace. It explores how competition rules related to market definition and the substitutability of products, as well as marketing and design findings related to branding and aesthetics, could be integrated into the legal assessment of EUTM functionality. The volume will be of interest to academics and researchers working in the areas of Intellectual Property Law, Trade Mark and Design Law, EU Law, Comparative Law, and Branding.
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