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The European Union Trademark

A Practical Guide

By (author) Mark Holah
Format: Hardback
Publisher: Globe Law and Business, London, United Kingdom
Published: 30th Oct 2016
Dimensions: w 160mm h 241mm d 33mm
Weight: 735g
ISBN-10: 1909416665
ISBN-13: 9781909416666
Barcode No: 9781909416666
Synopsis
The European Union Trademark (EUTM) system allows brand owners to protect and enforce a trade mark in every EU Member State through just one registration. EUTMs were previously known as Community Trade Marks and this unique trade mark registration system has revolutionised the way brands are protected in the EU. 2016 sees substantial changes to the EUTM system, not least the change of name. This practical guide describes how the EUTM system works following those changes, including: what can be protected; how registrations are obtained and maintained; the many potential obstacles to registration and how to overcome them; and the rights given by a registration. In addition it explains the specific and peculiar features of the EUTM system, such as seniority and conversion, and covers the link between EUTMs and the Madrid Protocol. 'The European Union Trademark' will be an invaluable reference tool for anyone involved in brand protection, including trademark attorneys, intellectual property lawyers and in-house counsel working in private practice or in international businesses, both within and outside the EU.

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Dec 15th 2016, 21:11
AS EUROPE ENTERS A CRUCIAL PHASE IN ITS HISTORY, HERE’S AN INVALUABLE WORK OF REFERENCE ON THE MODER
Awesome - 10 out of 10
AS EUROPE ENTERS A CRUCIAL PHASE IN ITS HISTORY, HERE’S AN INVALUABLE WORK OF REFERENCE ON THE MODERN TRADE MARK

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

Published by Globe Law and Business, ‘The European Union Trademark’ is a business-like book. Dispensing with extraneous commentary, it focuses purely on the facts pertaining to the ways in which the European Union Trade Mark (EUTM) system works. The result is a practical guide for practitioners needing to understand the EUTM system. It is objective, clear-eyed, clearly explained and up to date.

Speaking of timeliness, the two expert authors – both lawyers – reveal that the book was being written when the UK referendum on European membership took place in June 2016, which confirmed that the British public had voted by a
small-ish majority to leave the EU. They hasten to point out however, that in their view ‘the formal process of withdrawal will likely not be completed until ‘early 2019,’ adding that ‘in the meantime, the UK remains a full member of the EU and EUTM rights continue to apply to the country.’

The authors, by the way, are respectively, a senior partner and associate at the London-based firm of Bird and Bird. Mark Holah has acted for thousands of EUTM (formerly CTM) applications (particularly on brand protection) and is cited as a leading individual in the relevant directories and guides, including the ‘Guide to the World’s Leading Trade Mark
Law Practitioners.’

Patricia Collis also specialises in trade mark law, primarily in brand protection and trade mark portfolio management, which encompasses a range of experience that includes the UK national trade mark system and cross-proceedings at national and EU level.

In all, the book is as clear and succinct an analysis of the workings of the EUTM system as you’re likely to find anywhere. Also – and this is useful by way of reminder – it includes an introduction to the structure of the European Union itself, referred to throughout the text as ‘the Union’.

Divided into eight parts, the book provides details of, for example, the EUTM application process including the formalities involved in filing an application and ‘what happens if anything is missing.’ Note also the advice on such matters as opposition procedures and appeals processes, international marks, the Madrid Protocol and of course, much more.

You might well ask if any or all of this will be relevant when the UK leaves the EU. ‘No Member State has ever left the Union,’ say the authors ominously – and while it is unclear as to what might happen when a Member State has the temerity to do so, the authors speculate that not all EUTM rights would be lost ‘by the departing country.’ They suggest that certain mechanics might allow EUTM applications and registrations to be ‘turned into national registrations and applications.’ Time, obviously, will tell.

For practitioners involved in intellectual property and/or trademark law, this book certainly excels as a work of reference. Those requiring references to legislation and case law will notice the ‘further references’ section at the end of most chapters, plus some useful website addresses, including that of the European Commission and other relevant sites.

The publication date is cited as at 2016.