EU Trade Mark Law and Product Protection: A Comparative Analysis of Trade Mark Functionality

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Lavinia Brancusi

EU Trade Mark Law and Product Protection

A Comparative Analysis of Trade Mark Functionality

Lavinia Brancusi

$294

Hardback

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English

Routledge
13 July 2023

Comparative law; Law & society; Company law; Trademarks law

This book employs scholarly analysis to ground practical tools for applying the EU Trade Mark law (EUTM) functionality refusal grounds to address business needs when registering trade marks consisting of product characteristics. The study comprehensively examines the absolute grounds for a refusal of registration of functional signs under EUTM. It interprets the functionality refusal grounds through objective tests, focusing on the pro-competition rationale of denying trade mark exclusivity on product features that are technically or aesthetically important for competitors’ ability to trade in alternative products. The work takes a comparative approach looking at the US trade dress functionality doctrine, and a law and economics perspective on the role of trade marks and brands in the marketplace. It explores how competition rules related to market definition and the substitutability of products, as well as marketing and design findings related to branding and aesthetics, could be integrated into the legal assessment of EUTM functionality. The volume will be of interest to academics and researchers working in the areas of Intellectual Property Law, Trade Mark and Design Law, EU Law, Comparative Law, and Branding.

By: Lavinia Brancusi
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 807g
ISBN: 9781032446318
ISBN 10: 1032446315
Pages: 352
Publication Date: 13 July 2023
Audience: College/higher education , Primary
Format: Hardback
Publisher's Status: Active

Lavinia Brancusi is an adjunct professor at New Technologies Law Centre, Institute of Law Studies, Polish Academy of Sciences in Warsaw, Poland. She holds law degrees from the University of Warsaw, Faculty of Law (master, dr. iur.) with an award-winning doctoral dissertation in design law. Her research interests cover cumulative protection in intellectual property, with a specific focus on product protection, functionality in trademark and design law, as well as the interface between IP and competition rules, especially in relation to brands.