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May-June, 2017 Vol. 107 No. 3 Back to TMR Main Page
 
Unregistered Trademarks in EU Trademark Law (English and German versions)
 
 

The European Union (“EU”) trademark system is based on registration. Nevertheless, the laws of the EU Member States also protect unregistered rights, and these can be held against the use and registration of later EU trademarks. The article provides an introduction to unregistered trademarks in the EU and their enforcement in proceedings before the EU Intellectual Property Office.

The accompanying German article—Nicht eingetragene Marken als relative Eintragungshindernisse—which is a more extensive version of the English article, was first published in 2016 in MarkenR, and is reprinted with the kind permission of Carl Heymanns Verlag / Wolters Kluwer.