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THE PROTECTION SCOPE OF EU TRADE MARK LAW IN RELATION TO TRADE MARK FUNCTIONS
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]

The function of a trade mark plays an essential role in the proper interpretation and enforcement of trade mark law. In the case of double identity, whether a trade mark can fulfill its function, traditionally the function of guaranteeing the origin of products or services, is the benchmark of the scope of protection for a trade mark proprietor. Since the functions of guaranteeing the quality, communication, advertising, and investment have been identified and developed by the CJEU, it becomes controversial that whether the function of a trade mark can still be the benchmark of the scope of protection in the case of infringement. The purpose of the thesis is to analyze the reason of recognizing the functions other than that of guaranteeing the origin and examine the justification of such recognition. It is analyzed that the origin function of a trade mark could provide enough protection for the trade mark proprietor through the national cases and the comparison with similar cases in China. The recognition of the contemporary functions would potentially expand the scope of protection for trade mark proprietors and thus distort the integrity of Article 9 of the EUTMR and the fair competition that the EU trade mark law intends to promote. It is proposed that the CJEU should clarify the definition and scope of the contemporary functions and the protection gaps that could be created by confining the function of a trade mark in the case of double identity to the origin function. In addition, the balance among trade mark proprietors, their competitors, and consumers should be taken into consideration in order to justify the contemporary functions of a trade mark.

Place, publisher, year, edition, pages
2019. , p. 60
Keywords [en]
EU trade mark law, trade mark functions, infringement, protection gaps, fair competition
National Category
Law
Identifiers
URN: urn:nbn:se:uu:diva-385669OAI: oai:DiVA.org:uu-385669DiVA, id: diva2:1325329
Educational program
Master Programme in Intellectual Property Law
Supervisors
Examiners
Available from: 2019-07-01 Created: 2019-06-15 Last updated: 2019-07-01Bibliographically approved

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