european trade mark law condition for trademark protection(w

Table of Contents

1. EC Treaty 2
1.1. Introduction 2
1.2. Exhaustion of Rights Doctrine 3
1.3. Common Origin Doctrine 5
2. Trade Mark Directive 7
2.1. Article 2 of the Trade Mark Directive 8
2.2. Article 3(1) (a)-(e) of Trade Mark Directive and Article 7(1)(c) of the Community Trade Mark Regulation 11
2.3. Article 3(1)(e) of the Trade Mark Directive 14
2.4. Article 5(1)(a) and (b) TMD, Rights Conferred by a Trade Mark 16
2.5. Community Trade Mark Regulation 18
3. Conclusion 22
Bibliography     23

1. EC Treaty

1.1. Introduction

Article 295 of the EC Treaty stipulates “This Treaty shall in no way prejudice the rules in member states governing the system of property ownership.”   Further Article 30b of the EC Treaty provides that Article 28 and 29 will not “preclude prohibition on imports and exports which are justified, inter alia, on grounds of protection of industrial or commercial property, subject to the caveat that such prohibition do not constitute a means of arbitrary discrimination or a disguised restriction on trade between member states”.
Although it appears that Article 295,  provision is designed to take national property rights outside the reach of Community law, to do so would undermine the effectiveness of Community law.   Additionally the wording of both Articles meant, that the judicial room for maneuver was limited.  

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