Abstract

http://ssrn.com/abstract=2172217
 


 



The Study on the Functioning of the European Trade Mark System


Roland Knaak


Max Planck Institute for Innovation and Competition

Annette Kur


Max Planck Institute for Innovation and Competition

Alexander Von Mühlendahl


affiliation not provided to SSRN

November 1, 2012

Max Planck Institute for Intellectual Property & Competition Law Research Paper No. 12-13

Abstract:     
As an element in the comprehensive evaluation of European trade mark law currently undertaken by the European Commission, the Max Planck Institute was given the task to carry out a Study on the Overall Functioning of the European Trade Mark System. This article presents a summary report on the contents and findings of the Study. Following a brief introduction (Part A), Part B refers to the programmatic objectives and principles of the European trade mark system. Parts C and D resume the analyses and proposals regarding topical issues of the substantive and procedural law, including the politically contentious issue of what constitutes “genuine use” of a Community Trade Mark. Parts E and F concern the functions currently performed by the Office for Harmonization in the Internal market (OHIM) and their possible improvement as well as the enhancement of coherence and collaboration between OHIM and the national offices; finally, in Part G, proposals for further harmonization are submitted. As a follow-up contribution to the Study the Max Planck Institute has produced synopses of the Trade Mark Directive (TMD) and the Community Trade Mark Regulation (CTMR), showing in which way the current texts would have to be amended if the proposals were accepted. Those amendments (hereinafter p-TMD and p-CTMR) are referenced throughout the text of this article. The Study and the synopses are available on the website of the Max Planck Institute.

Number of Pages in PDF File: 32

Keywords: Community Trade Mark, European Trade Mark Law, Max Planck Study, genuine use, OHIM, harmonization of trade mark law

working papers series





Download This Paper

Date posted: November 19, 2012  

Suggested Citation

Knaak, Roland and Kur, Annette and von Mühlendahl, Alexander, The Study on the Functioning of the European Trade Mark System (November 1, 2012). Max Planck Institute for Intellectual Property & Competition Law Research Paper No. 12-13. Available at SSRN: http://ssrn.com/abstract=2172217 or http://dx.doi.org/10.2139/ssrn.2172217

Contact Information

Roland Knaak (Contact Author)
Max Planck Institute for Innovation and Competition ( email )
Marstallplatz 1
Munich, 80539
Germany
Annette Kur
Max Planck Institute for Innovation and Competition ( email )
Marstallplatz 1
Munich, 80539
Germany
Alexander Von Mühlendahl
affiliation not provided to SSRN
Feedback to SSRN


Paper statistics
Abstract Views: 625
Downloads: 188
Download Rank: 96,082

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.297 seconds