Trademark Protection in the European Union with a Scandinavian View

A handbook which guides you on the How, When and Why in the European trademark system

This book covers all of the general aspects of protecting a trademark in the European Union – either by direct filing at the Office for Harmonization in the Internal Market (OHIM) or through the Madrid Protocol.

It is a first-aid handbook which you can keep on your desk and use:

• when filing a Community trade mark (CTM) application or designating the European Union through the Madrid Protocol
• when there is a notice of opposition against your mark
• or simply when you want to learn more about trademarks in the European Union

Contents:

• Background information on the CTM system as well as OHIM’s past, present and future
• How to obtain trademark protection in the European Union with a special focus on the different kinds of trademarks, what it takes to obtain them as well as some of the obstacles for obtaining a trademark protection
• How you can lose your trademark protection in the European Union after having obtained it. Focus is on oppositions, cancellations and the appeal system
• How you can renew your trademark
You can also find the basic regulation – CTMR – and both the application forms, CTM (OHIM) and international registrations (WIPO), together with a list of the relevant case-law in the book.

The book also includes information about the special conditions that apply for Norwegians in relation to trademark protection in the European Union.

SAGT OM BOGEN:

“Denne engelsksprogede håndbog giver effektiv indsigt i, hvordan man opnår varemærkebeskyttelse inden for EU, med værdifulde råd i forbindelse med registrering, fornyelse og håndhævelse af EU-varemærker….”
- Uddrag af anmeldelse i Revision & Regnskabsvæsen, nr. 10, 2010

The authors

Solvår Winnie Finnanger, Master of Law with specialization in Trademark and Patent Law from the University of Oslo. She has since 1998 worked at the Norwegian Industrial Property Office now as a Senior Legal Adviser. She has spent almost 5 years as a Seconded National Expert in OHIM working in the Trademarks Department and at the Boards of Appeal.

Louise Christina Thorning, Master of Law with specialization in Company Law from the University of Copenhagen. She has since 2006 worked at the Danish Office for Patents and Trademarks as a Legal Adviser, and has spent 1½ years as a Seconded National Expert in OHIM working in the Trademarks Department

Content

Part 1- Introduction
Chapter 1: OHIM - past - present and the future
Chapter 2: Why use the CTM-system?
Chapter 3: Why not only use the CTM-system?
Chapter 4: Adminstrative law and public law
Chapter 5: Norway - an outsider

Part 2 - How to obtain a trademark registration in the European Union
Chapter 6: Direct route or through the Madrid Protocol?
Chapter 7: The application form- step-by-step
Chapter 8: Classification of goods and services
Chapter 9: The trademark
Chapter 10: Some obstacles for obtaining a trademark protection
Chapter 11: Collective marks
Chapter 12: Priority, seniority and replacement
Chapter 13: Conversion, opting back and transformation

Part 3 - How you can lose your trademark protection in the European Union
Chapter 14: Third party observations
Chapter 15: Oppositions
Chapter 16: Cancellations
Chapter 17: Proof of use of earlier rights
Chapter 18: The Appeal System

Part 4 - How to renew your trademark in the European Union
Chapter 19: Renewal