Part 1. Trademark transactions in the global marketplace -- Internationational framework -- Strategic considerations -- Valuation, taxation, security interests and bankruptcy -- Dispute prevention and settlement mechanisms -- Part 2. Trademark transactions at the regional and national level -- Trademark transactions in Europe -- Trademark transactions in North and South America -- Trademark transactions in Asia
List of Abbreviations --Introduction --General --Statutory Basis for Benelux Trademark Rights --Legislative and Executive Authorities --The Trademark: Essence and Requirement --Inadmissible Trademarks --Acquisition of the Trademark Right --Scope and Content of the Trademark Right --Restrictions on the Trademark Right --Legal Claims --Customs Measures --Loss of Trademark Rights --Collective Marks --The Community Trademark --Procedural Aspects of Civil Law Enforcement --Trademark as a Property Right --Trademark and Trade Name --Trademark and Indications of Geographical Origin --Trademark and Copyright --Competition Law and Free Movement of Goods and Services --Trademark Law and Product Liability --Table of Jurisprudence --Benelux Treaty on Intellectual Property (Trademarks and Designs) --Table of Equivalences.
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"January 29, 1998." ; Shipping list no.: 98-0142-P. ; Distributed to depository libraries in microfiche. ; "Referred to the Committee on Foreign Relations." ; At head of title: 105th Congress, 2d session. Senate. ; Mode of access: Internet.
"September 3, 1975--Treaty were read the first time and, together with the accompanying papers, referred to the Committee on Foreign Relations and ordered to be printed for the use of the Senate." ; Mode of access: Internet.
Preface --Authors --About the Editors --Introduction to this New Edition from the Editors --Practical Notes from the Editors --Commission Implementing Regulation (Eu) 2018/626 --Commission Delegated Regulation (Eu) 2018/625 --CTMR and CTMIR Correlation Tables --Decision No EX-17-4 of the executive director of the office --Decision no EX-17-7 of The Executive Director of The Office --Regulation (Eu) 2015/2424 Of The European Parliament and of The Council --Directive 2008/95/Ec of The European Parliament and of The Council --Rules of Procedure of The General Court --Regulation (Eu) No 1215/2012 of the European Parliament and of The Council --Directive 2004/48/Ec of The European Parliament and of The Council --Agreement on Trade-Related Aspects of Intellectual Property Rights --Paris Convention for The Protection of Industrial Property --Protocol Relating to The Madrid Agreement Concerning The International Registration of Marks --Nice Agreement Concerning the International Classification of Goods and Services for The Purposes of The Registration of Marks.
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This Intellectual Property Supplement from eLangdell Press contains the text of federal laws and regulations in the area of copyright, trademarks and patents. The editors have endeavored to gather all relevant laws, rules and regulations. This collection is intended to be used primarily as a statutory supplement for law students and legal scholars in academic settings, although practitioners in this area of law will also find it useful.This volume, Volume III: Trademark Statutory Law contains Chapter 22 of Title 15 of the United States Code as it appears on the most current edition available on the U.S. Government website FDSYS. Updates to the U.S. Code not yet found in the FDSYS published editions can be found in the United States House of Representatives Office of Law Revision Counsel's Classification Tables. They can be found at http://uscode.house.gov/classification/tables.shtml. Some formatting modification has been performed to better accommodate electronic readers.
It has been observed that international choice of law in trademark disputes reveals a tension between law and economics. From an economic perspective, marks can be exploited on a worldwide scale, and their value may be based on the global market. From a legal perspective, however, the rules are less than uniform. Law does not recognize one worldwide mark. Many trademarks are granted on a local basis, within local protective regimes that are independent of one another. Although the market has become global, the legal protection remains local. This tension has increased with the advent of the Internet. First, the universal access technology provides seems to reduce the relevance of a territorial approach and increase the need for a global economic approach. Second, the Internet has contributed to the creation of certain globally powerful companies. Those companies use, and benefit from, the universality of technology to make services available all over the world. From a technology-oriented point of view, the localized protection of trademark seems parochial. It is likely that the modern world requires a shift from local to international trademark protection. Such a shift will not happen quickly. Intellectual property generally and trademark in particular are viewed as means of regulating markets, and the geographic scope of markets has historically been smaller than it is today. Regulation was therefore local and territorial. It was the creation of a single European market that allowed regulators to overcome the principle of territoriality. In this context, one key advancement was the principle of free movement of goods, creating a regional exhaustion of intellectual property rights.