The Community Trademark and its impact on national legislations

Abstract

Radical changes have been effected in the field of trademarks in the past few years, as a consequence of the globalisation of trade, and in fact, this thesis owes its genesis to the revolutionary developments recently effected in this field in the context of the European Union. In view of the novelty of the subject-matter, however, and due to the scarcity of critical literature on the matter, as well as due to the fact that the repercussions of this new system will only be felt with time, this thesis is intended to portray the origins and developments that have been effected until to date in this field, but it can only, and perhaps not so accurately predict the effects that this system may have on the relative legislative systems of Member States. Thus, Chapter 1 considers the historical background leading to the introduction of the CTM. It also considers in detail the national and international methods of registration, pointing out the deficiencies in the respective systems. Chapter 2 deals with the salient features of the CTM, and considers what marks may or may not be registered as CTM's. It also deals with those formalities which are to be satisfied in order to apply for a CTM, and considers the advantages and disadvantages pertaining to this new system. Chapter 3, then goes on to deal with the more technical issues pertaining to this system, and categorically considers the various phases of the " registration procedure". It also considers the important notions of priority and seniority, Chapter 4, portrays the grounds and procedure to be followed if a CTM is to be cancelled subsequent to its registration, as well as those persons qualifying to take such action. It also points out the consequences of such cancellation and considers in detail the grounds on which an appeal against such a decision would be possible. Chapter 5, then goes on to deal with those courts which are competent to deal with any dispute relating to a CTM and considers whether an injunction posed by a CTM court or other court competent to deal with any such claim would be enforceable throughout the whole of the EU. Finally, Chapter 6 deals the future of the CTM in the light of the new Madrid Protocol, and the links existing between these two systems. It considers the advantages posed by this latter system, and the reasons precluding it's international acceptance, whilst finally considering the future registration options available to trademark proprietors. I would like to add, that this thesis takes no account of the law relating to Maltese trademarks, as this would constitute a thesis in its own right, and moreover, Malta, does not, at least at present, form part of the EU, which is precisely the focus of this thesis.