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European Trade Mark Law$
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Annette Kur and Martin Senftleben

Print publication date: 2017

Print ISBN-13: 9780199680443

Published to Oxford Scholarship Online: March 2021

DOI: 10.1093/oso/9780199680443.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 13 June 2021

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(p.269) 5 Rights Conferred
European Trade Mark Law

Annette Kur

Martin Senftleben

Oxford University Press

EU trade mark law confers exclusive rights on the proprietor of a registered trade mark. It provides for three general types of protection. Article 9(2) EUTMR and Article 10(2) TMD offer protection against confusion under sub (b) (see paragraph 5.105 et seq.) and protection against dilution under sub (c) (see paragraph 5.182 et seq.). In double identity cases (identical signs used for identical goods or services), sub (a) (see paragraph 5.64 et seq.) provides for ‘absolute’ protection (recital 16 TMD) combining elements of both forms of infringement on the basis of the function theory developed by the Court.

Keywords:   Three General Types of Protection, Trade mark law reform, General infringement criteria, Conceptual contours, Territorial aspects, Function theory, Double identity rule, Burden of proof

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