The Differing Protective Scope of Registered Trade Marks in Europe

Abstract

<span style="font-size:11.0pt;font-family: " times="" new="" roman","serif";mso-fareast-font-family:"times="" roman";mso-bidi-font-family:="" mangal;mso-ansi-language:en-gb;mso-fareast-language:en-us;mso-bidi-language:="" hi"="" lang="EN-GB">The recent revision of the EU trademark regime has extended in certain limited respects the protection conferred by registered trademarks in Europe, whether these be national or European Union trademarks, in terms of the types of activity in respect of which such trademarks can be asserted. Such revision has not however changed the law as to the protective scope of such registered trademarks, which has been developed over the years by the Court of Justice of the European Union. Such case law as to protective scope as it has developed affects not only the scope of the right as against potential infringers but also as against subsequent applicants for similar registered trademarks. This article reviews the history of such case law, including a recent decision of the Court of Justice which shows the broad potential protective scope of a registered European Union trademark and in particular how it can benefit in an EU Member State where it has little or no reputation from the extended scope of protection that is afforded a mark with a reputation deriving from its status in another EU Member State.</span>