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An Insight Into the EU - Best Practices for the Protection and Defense of European Union Trademarks
Intellectual Property Law Section; International Interest Group
International conventions and treaties have contributed to a certain degree of harmonization of trademark law. However, there are significant differences between the US and EU legal systems. In this webinar, we will provide relevant insights into the EUTM legal system.
I - Overview
European Union Intellectual Property Office and EUTMs
First to file rule
The unitary nature of the EU trademark & validity in the 27 EU Member States
The relationship between the EU trademark and the national trademarks of the EU Member States (anteriority; priority; seniority; conversion)
Link with the Madrid System
Brief note on the Court of Justice and harmonized interpretation practices within the EU.
II - Tailoring EUTM applications – optimizing the investment
Absolute grounds for refusal and avoidance of office actions; the secondary meaning (including: notes on non-traditional marks)
Avoidance / handling of opposition proceedings
III - Post-registration protection
Relevance of genuine use of trademarks and the high standard of proof of use
The importance of monitoring of trademark applications and filing oppositions in the EU and EU Member States
Acquiescence, defense to invalidity or infringement of the later mark
Note on Border control measures
1 Participatory MCLE Credits
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