Saturday, 13 November 2010

EU trade mark study extended

The Max Planck Institute is currently carrying out a study on the functioning of the trade mark system in the EU, at the behest of the European commission. It was originally given a year in which to report: that expired yesterday, and it has been granted an extension - rather appropriate, given the importance of extensions in the trade mark world - of a month.

I am keen to see what it says about some of the pressing issues in the trade mark world: whether use of a Community trade mark in only one Member State is sufficient (I hope it will be deemed not sufficient, as the Benelux and Hungarian offices have decided, but I fear that pro-integration correctness will prevail over common sense), whether a Community trade mark will be deemed to have a reputation if it is largely unknown except in one Member State (another situation in which the national trade mark system is the one that should be engaged), and lots of other exciting things.

I am not holding my breath.

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