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Continuity and Change in EU LawEssays in Honour of Sir Francis Jacobs$
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Anthony Arnull, Piet Eeckhout, and Takis Tridimas

Print publication date: 2008

Print ISBN-13: 9780199219032

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199219032.001.0001

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Equal Before the Law? Not if You Want to Register a Trade Mark

Equal Before the Law? Not if You Want to Register a Trade Mark

(p.283) 16 Equal Before the Law? Not if You Want to Register a Trade Mark
Continuity and Change in EU Law

David T Keeling

Oxford University Press

This chapter examines the principle of equal treatment as it applies to trade mark. It argues that trade mark registration is in danger of becoming a lottery; the danger can only be averted if the CFI and ECJ start stressing the Office's duty to act consistently, to apply common standards, to identify analogous cases and to give them similar treatment. The CFI and ECJ also need to understand that genuine consistency in decision-making practice can only be achieved at the purely administrative level.

Keywords:   principle of equal treatment, trademarks, trade mark applications, EU, CFI, ECJ

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