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Enforcement of a European Union Trade Mark with a Limited Territorial Reputation: Challenges and Solutions
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
2019 (English)Independent thesis Advanced level (degree of Master (One Year)), 20 credits / 30 HE creditsStudent thesis
Abstract [en]

EUTMs that have acquired a ‘reputation in the Union’ are awarded enhanced protection that goes beyond the principle of speciality by allowing proprietors to block use and registration of junior marks that are used for dissimilar goods. After the CJEU’s interpretation of reputation in PAGO International v Tirolmilch, the EUTM only needs to have acquired de facto reputation in a very limited territory, i.e. one Member State to be deemed reputable throughout the Union due to its unitary character. Subsequently, the EUTM is granted enhanced protection in all Member States although the mark may not be reputable or even known to relevant consumers in the territory. The current interpretation therefore awards reputable EUTM proprietors an extensive monopoly throughout the Union that is partially undeserved; namely, the scope of territorial protection does not correspond to the investments made into the mark and consumer knowledge in some parts of the Union which would warrant enhanced protection in the first place. As EU trade mark legislation aims to support the development of the single market and help build an environment of undistorted competition, the current interpretation of the reputation provision by the CJEU raises several concerns for national trade mark proprietors, especially SMEs. This thesis aims to identify the problems arising from the CJEU’s liberal interpretation of ‘reputation in the Union’ and analyse solutions for overcoming them in a pursuit of ensuring a pro-competitive marketplace.

Place, publisher, year, edition, pages
2019. , p. 72
Keywords [en]
European Union trade mark, reputation in the Union, limited territorial reputation, enhanced protection, extended protection, enforcement of trade marks with a reputation
National Category
Law
Identifiers
URN: urn:nbn:se:uu:diva-385163OAI: oai:DiVA.org:uu-385163DiVA, id: diva2:1323439
Educational program
Master Programme in Intellectual Property Law
Supervisors
Examiners
Available from: 2019-07-01 Created: 2019-06-12 Last updated: 2019-07-01Bibliographically approved

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