European trade mark law
Encyclopedia
European trade mark law is governed by national law in the countries which make up Europe
, together with European Law within those European countries which are also EU member states. Trade marks may be registered within individual countries, or across the whole of the EU (by means of a Community Trade Mark
).
Within EU member states, national law implements European Directives so that the law in each jurisdiction is more or less equivalent, the eventual goal being harmonisation
of trade mark law within the EU.
Certain aspects of law do vary on a country by country basis within the EU, such as the protection for unregistered trade mark
s within the United Kingdom
under the common law
tort
of 'passing off
' and the inclusion of provisions relating to Honest Concurrent Use into UK national trade mark law (which have their basis in the 1938 UK legislation rather than the Directive which led to the drafting of the UK Trade Marks Act 1994
).
Internal market legislation also largely applies to the non-EU countries in the European Economic Area
. There is also a system known as the Madrid System
which applies within European countries and provides a means of streamlining applications on a national level via a single international registration which may have effect in several countries, as designated by the applicant.
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
, together with European Law within those European countries which are also EU member states. Trade marks may be registered within individual countries, or across the whole of the EU (by means of a Community Trade Mark
Community Trade Mark
A Community M application in any member state can defeat the entire application, a CTM registration is enforceable in all member states.The CTM system is administered by the Office for Harmonization in the Internal Market , which is located in Alicante, Spain .- Character and advantages :The...
).
Within EU member states, national law implements European Directives so that the law in each jurisdiction is more or less equivalent, the eventual goal being harmonisation
Harmonisation
Harmonisation may refer to:* In music, the implementation of harmony, usually by using chords, including harmonized scales* Harmonisation of law, the process of establishing common laws and standards across the European Union...
of trade mark law within the EU.
Certain aspects of law do vary on a country by country basis within the EU, such as the protection for unregistered trade mark
Unregistered trade mark
An unregistered trade mark is a trademark which does not benefit from the protection afforded to trade marks through registration.They may however benefit from protection due to other features of the law in relation to trademarks, such as protection for unregistered marks in the United Kingdom...
s within the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
under the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
of 'passing off
Passing off
Passing off is a common law tort which can be used to enforce unregistered trademark rights. The tort of passing off protects the goodwill of a trader from a misrepresentation that causes damage to goodwill....
' and the inclusion of provisions relating to Honest Concurrent Use into UK national trade mark law (which have their basis in the 1938 UK legislation rather than the Directive which led to the drafting of the UK Trade Marks Act 1994
Trade Marks Act 1994
The Trade Marks Act 1994 is the law governing trademarks within the United Kingdom and the Isle of Man. It implements EU Directive No. 89/104/EEC which forms the framework for the trade mark laws of all EU member states, and replaced an earlier law, the Trade Marks Act 1938...
).
Internal market legislation also largely applies to the non-EU countries in the European Economic Area
European Economic Area
The European Economic Area was established on 1 January 1994 following an agreement between the member states of the European Free Trade Association and the European Community, later the European Union . Specifically, it allows Iceland, Liechtenstein and Norway to participate in the EU's Internal...
. There is also a system known as the Madrid System
Madrid system
For the Madrid Protocol relating to mining in the Antarctic see Protocol on Environmental Protection to the Antarctic TreatyThe Madrid system for the international registration of marks, also conveniently known as the Madrid System, is the primary international system for facilitating the...
which applies within European countries and provides a means of streamlining applications on a national level via a single international registration which may have effect in several countries, as designated by the applicant.