000041742 000__ 03413cam\a2200553\i\4500 000041742 001__ 41742 000041742 003__ SzGeWIPO 000041742 005__ 20230216104610.0 000041742 008__ 200611s2019\\\\ne\\\\\\rb\\\u000\0\eng\d 000041742 020__ $$a9789403505602 000041742 040__ $$aSzGeWIPO$$beng$$erda 000041742 041__ $$aeng 000041742 1001_ $$aMuyldermans, Jeroen.,$$aMaeyaert, Paul. 000041742 24510 $$aLikelihood of Confusion in Trade Mark Law :$$bA Practical Guide to the Case Law of EU Courts /$$cJeroen Muyldermans,$$cPaul Maeyaert. 000041742 264_1 $$a[Alphen aan den Rijn, Netherlands] :$$bKluwer Law International,$$c2019. 000041742 300__ $$axii, 262 pages 000041742 336__ $$atext$$btxt$$2rdacontent 000041742 337__ $$aunmediated$$bn$$2rdamedia 000041742 338__ $$avolume$$bnc$$2rdacarrier 000041742 5050_ $$aPreface -- Chapter 1: Introduction to Trade Mark Law Confusion and the EU Trade Mark System -- Chapter 2: General Principles Applying to the Confusion Test -- Chapter 3: The Relevant Public -- Chapter 4: The Constituent Criteria of the Confusion Test: A Balanced Three-Step Test -- Chapter 5: Confusion with the Well-Known Mark under Article 6bis Paris Convention -- Chapter 6: Consent and Co-existence of Trade Marks -- Chapter 7: The Unitary Character of Court Orders under the EU Trade Mark Law 000041742 520__ $$aLikelihood of Confusion in Trade Mark Law provides a complete overview of the case law of the General Court and Court of Justice of the European Union on the risk of confusion in trade mark law. The primary purpose of trade mark law is to prevent unfair competition by applying tests for infringement of the trade mark and by providing rights and remedies to the owner of the trade mark. However, since 1994, European Union (EU) case law on trade mark confusion has become so diverse and has grown so much that it is difficult to see the wood for the trees. This is the first book to give a complete synthesis of the more than thousands of decisions that have been handed down over the past decades, illustrated with many examples and images. What’s in this book: Providing a highly structured and complete overview of the confusion test and all assessment criteria as determined by the General Court and Court of Justice, the authors unravel the concept of likelihood of confusion and establish a sound and thorough methodology for resolving confusion in any trade mark case. Among the practical features offered by the analysis are the following: consideration of the constituent criteria of the confusion test through a simple three-step test that examines the similarity among goods and services, similarity between different trade marks and global appreciation of confusion; the identification of the ‘relevant consumer’, including from territorial and linguistic points of view; guidance on procedural aspects of the confusion test before the EU courts, as well as before the EU Intellectual Property Office and its Boards of Appeal; identification of the dominant and distinctive components of a trade mark: phonetic, visual and conceptual; the concept of similarity and the Nice Agreement; the principle of ‘partial use’; effect of the terms of sale of the goods or services; consideration of the existence of a family or series of trade marks; and consideration of the effects of coexistence on the confusion test. Numerous illustrated examples of trade marks involved in confusion cases enhance the presentation. 000041742 650_0 $$aTrademarks 000041742 650_0 $$aCompetition$$xLaw and legislation 000041742 85641 $$uhttp://www.kluweriplaw.com/book-toc?title=Likelihood%20of%20Confusion%20in%20Trade%20Mark%20Law%3A%20A%20Practical%20Guide%20to%20the%20Case%20Law%20of%20EU%20Courts#.$$yView this resource 000041742 904__ $$aBook 000041742 980__ $$aBIB