Jump to ContentJump to Main Navigation
European Trade Mark Law$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

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

Rights Conferred

Rights Conferred

Chapter:
(p.269) 5 Rights Conferred
Source:
European Trade Mark Law
Author(s):

Annette Kur

Martin Senftleben

Publisher:
Oxford University Press
DOI:10.1093/oso/9780199680443.003.0007

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .