The Community Trade Mark
5. Effects of the Community Trade Mark :
5.1 Rights conferred by a Community Trade Mark
[Art. 9]
The proprietor of a Community trade mark has exclusive rights thereto. He is entitled to prevent all third parties from using identical or similar signs without his consent in the course of trade throughout the EU. The following actions are considered to be an infringement of a Community trade mark:
* use of signs identical to the Community trade mark with respect to goods or services which are identical to those for which the Community trade mark is registered.
* Use of signs identical or similar to the Community trade mark for goods or services which are identical or similar to the goods or servicesf covered by the Community trade mark if there is a likelihood of confusion or association on the part of the public between the sign and the Community trade mark, and
* use of any sign which is identical or similar to the Community trade mark with respect to goods or services which are not similar to those for which the Community trade mark is registered. However, in this case, it is required that the Community trade mark has a reputation in the EU and that use of the sign would take unfair advantage of or is deterimental to the distinctive character or reputation of the Community trade mark.
In case of an infringement, in particular the following action may be prohibited:
* affixing the sign to the goods or packaging,
* offering the goods or services, putting them on the market under that sign or stocking them for these purposes,
* importing or exporting the goods under that sign, or
* using the sign on business papers and in advertising.
These rights are effective from the date of publication of the registration of the Community trade mark. However, reasonable compensation may be claimed in respect of matters arising after the date of publication of a Community trade mark application which would be prohibited after publication of the registration of the Community trade mark. A decision thereon, however, is to be deferred until the registration has been published.
5.2 Limitation of the effects of Community Trade Marks.
[Art. 12]
The proprietor of a Community trade mark is not entitled to prohibit a third party from using in the course of trade and according to honest business practices:
* his own name or address,
* indications concerning the kind, quality, quantity, intended purposes, value, geographical origin, time of production or other characteristics of the goods or services, and
* the trade mark, where it is necessary to indicate the intended purpose of the product or service, in particular as accessories or spare parts.
[Art. 13]
Moreover, a Community trade mark proprietor is not entitled to prohibit the use of the trade mark in relation to goods, which were put on the market in the European Union by himself or with his consent. It should be noted that this principle of so-called exhaustion of rights is valid only for the EU and for goods, but not for services.
An exhaustion of rights is not given where legitimate reasons for the proprietor exist to oppose a further commercialisation of the goods, especially where the goods are
changed or impaired after they have been put on the market.
For any
queries relating to our services and costs, please feel free to
contact us at info@iprfirm.com.
IPR
FIRM.COM - Online IPR Law Firm, India – Trade Marks, Copyright Registration,
Delhi, India
| | |
(c) IPR Firm, 2007.
|
