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According to the subsections of Article 5 of the TMD, a registered trade mark will…
The protection of trade mark under Article 5 of the TMD will be examined in the context…
On the basis of the exclusive right which is provided under Article 5(1) (a) of TMD,…
The functions that a trade mark performs may be divided into three.(5)…
Before the adoption of the functions theory, the CJEU applied the essential function…
Nevertheless, the approach of the CJEU started to change with its reluctant acceptance,…
The expansion of the scope of protection given to trade mark owners under Article…
Having said this, Article 36 of the Treaty of Rome(17) stated that Articles 30 to 34 shall not prevent prohibitions or restrictions on imports, exports or goods in transit justified on grounds of the protection of industrial and commercial property, such as intellectual property rights. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between member states. The incompatibility of these two articles and role of intellectual property rights within the European internal market needed to be resolved. The resolution came from the CJEU and according to the early case law of the CJEU, such prohibitions and restrictions might be justified for the protection of the rights that form the specific subject-matter of property.(18)…
To identify the specific subject matter of trade marks, the CJEU introduced the essential…
The exhaustion of the trade mark rights, the exhaustion regime, was regulated under…
Bristol-Myers v. Paranova(19) was the first judgment of the CJEU, after the adoption of the TMD, to consider in detail the legitimate reasons that could be used by a trade mark owner to oppose the further commercialisation of trademarked products within the meaning of Article 7 (2). The CJEU took its essential function-oriented ruling given in Hoffmann-la Roche v. Centrafarm a…
The shift under Bristol-Myers, has become even more significant as a result of the recent CJEU decisions(20)…
1.2. Aims of Research
The aim of this research to examine the expansion of the scope of the trade mark…
However, the exercise of the right conferred on the owner of a trade mark under Article…
The origin function of a trade mark differs from the other functions inasmuch as…
The origin function of a trade mark, which is to guarantee to consumers the identity…
A trade mark as an origin indicator gives consumers a guarantee that all products…
The economic functions of trade mark in addition to its origin function are identified…
Having said this, the expansion of trade marks protection to cover the economic functions…
Accordingly, the information provided by trade marks about the product quality through…
However, and due to the expansion of the protection given to trade marks through…
Article 5(1) (a) of TMD enables a trade mark owner to prevent third parties from…
The sign, which is identical to the registered trade mark, must be used in the course…
Once the expanded scope of the trade mark protection given to the owners under Article…
The analysis of the European exhaustion regime will be divided into two parts. In…
In the second part, the development of the CJEU’s case law after the adoption of…
The CJEU established a detailed guideline for the repackaging of products by parallel…
In order to assess the impact of the expansion of trade mark protection on the legitimate…
In Christian Dior v Evora(27), the CJEU discussed whether the use of a trade mark by the parallel trader as an advertising or promotional device may in principle be a legitimate reason to stop parallel importation within the meaning of Article 7 (2) of the TMD if that use damages the reputation of trade mark. In Copad v Christian Dior
In Portakabin v Primakabin, the CJEU discussed whether a trade mark owner is entitled to prohibit an advertiser from advertising the resale of products manufactured and placed on the market in the EEA by that the owner or with his consent if there is a legitimate reason, within the meaning of Article 7(2) of the TMD, which justifies him opposing that advertising, such as use of that sign which gives the impression that the reseller and the trade mark owner are economically linked or use which is seriously detrimental to the reputation of the mark.(29)…
In L’Oréal v eBay, the CJEU discussed whether the trade mark owner may oppose the resale of an unboxed perfume or cosmetic product bearing his trade mark where the removal of the packaging has not resulted in the absence of that information, such as information relating to the identity of the manufacturer or the person responsible for marketing the cosmetic product, if the owner establishes that the removal of the packaging has damaged the image of the product and, hence, the reputation of the trade mark.(30)…
