Community collective marks : : status, scope and rivals in the European signs landscape / / Kalliopi Dani.

• Superior document: MIPLC Studies ; Volume 23
• VerfasserIn: Dani, Kalliopi,
• Place / Publishing House: Baden-Baden, [Germany] : : Nomos,, 2014.; ©2014
• Year of Publication: 2014
• Edition: First edition.
• Language: English
• Series: MIPLC studies ; Volume 23.
• Physical Description: 1 online resource (69 p.)
• Notes: Description based upon print version of record.

This book looks into the nature and status of Community collective marks and explores to what extent they can incorporate certification marks under the current European trade mark law. Welcoming the proposal for a new European Trade Mark Regulation in 2013, the study argues that the two genres should be distinguished from one another, serving distinct purposes. Further, the significance and role of Geographical Indications under the European Union Law are addressed, as well as the question of whether they need to be kept as a separate regime. Although the advantages of each sign are obstructed by discrepancies in terminologies and confusion in legal theory and practice, the author examines the potential of each system by analysing the CTMR as it stands and the OHIM practice, comparing them to national legislations and elucidating the intention of the European legislator.

Table of Contents

Cover; Acknowledgements; Abstract; Acronyms and Abbreviations; I. Introduction; A. The topic, structure and methodology of the paper; B. Delimitations; II. Community collective marks; A. Objective and place in the European trade mark regime; B. Ownership issues; C. Nature and function; III. Certification marks - Guarantee marks; A. Guarantee marks; B. Certification marks; 1. Ownership; 2. Categories of certification marks; 3. Distinction from a "warranty"; 4. Comparison and contrast to collective marks; 5. The proposal for a new Regulation; IV. Geographical Indications

A. Nature and FunctionB. The European Union sui generis regime; C. Levels of protection; 1. The PDO/PGI level; 2. The TSG level; A. Persons entitled to apply for a GI; B. Registration procedure; 1. The national level; 2. The European Commission level; C. Scope of protection; D. GIs as common goods; E. GIs as a distinct genre of intellectual property; V. Descriptive elements in Community collective marks; VI. Synthesis and strategic choice between systems; A. From the perspective of legal requirements; B. From the perspective of promotion and marketing

C. Keeping GIs as a separate regimeVII. Concluding remarks; A. Summary of the findings; B. Epilogue; List of Works Cited