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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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Trade Marks as Objects of Property

Trade Marks as Objects of Property

(p.491) 7 Trade Marks as Objects of Property
European Trade Mark Law

Annette Kur

Martin Senftleben

Oxford University Press

Harmonized EU trade mark law contains rules on trade marks as objects of property in Articles 16 to 24a of the European Union Trade Mark Regulation (EUTMR) and Articles 22 to 26 of the Trade Mark Directive (TMD). These rules cover transfer and assignment, the possibility of giving trade marks as security and granting rights in rem, the levy of execution, the involvement of EUTMs in insolvency proceedings, and issues of trade mark licensing. The substantive provisions are accompanied by procedural rules concerning the recordal of corresponding legal transactions in the register. While the TMD only guarantees the possibility of registration, the EUTMR contains more detailed registration requirements.

Keywords:   State of Harmonization, Trade mark law reform, EU law and national doctrines, Assignment and Transfer, Levy of Execution, Insolvency Proceedings, Jurisdiction, Trade Mark Applications

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