Registration practice and case law regarding novel forms of trade marks in the UK and Germany - consistent with the European approach?

Inhaltsverzeichnis (Table of Contents)

• I. Introduction
• II. The First Council Directive 89/104/EEC and the Council Regulation 40/94
• III. Relevant provisions
  • 1. The Directive and the Regulation
  • 2. The TMA 1994
  • 3. The German Trade Mark Act (MarkenG)
• IV. The Function of Trade Marks
• V. Registration practice and case law in the UK, Germany and the European Community
  • 1. Three-dimensional Marks
    • a) The UK approach
    • b) The German approach
    • c) The European approach
    • d) Conclusion
  • 2. Smell marks
    • a) The UK approach
    • b) The German approach
    • c) The European approach
    • d) Conclusion
  • 3. Sound Marks
    • a) The UK approach
    • b) The German approach
    • c) The European approach
    • d) Conclusion
  • 4. Colour Marks
    • a) The UK approach
    • b) The German approach
    • c) The European approach
    • d) Conclusion

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This dissertation aims to critically examine and compare registration practice and case law in Germany and the UK regarding the use of novel trade mark forms, such as smells, sounds, colours and shapes, both before and after the implementation of the First Council Directive 89/104/EEC. It will analyze the current state of affairs in these areas in relation to the registration practices of OHIM under the CTM system and recent case law of the CFI and the ECJ. This research explores the extent to which current practices align with the European approach to trade mark registration.

• Comparison of registration practices and case law in the UK and Germany regarding novel trade mark forms.
• Analysis of the impact of the First Council Directive 89/104/EEC on registration practices.
• Assessment of the consistency of national practices with the European approach to trade mark registration.
• Exploration of the differing interest in registering specific trade mark forms, such as colours, sounds and shapes, across the UK and Germany.
• Evaluation of the function and objectives of trade marks in the context of novel forms.

Zusammenfassung der Kapitel (Chapter Summaries)

• I. Introduction: This chapter introduces the concept of novel trade mark forms and their significance within the context of European harmonisation measures. It outlines the dissertation's objective and scope, highlighting the focus on the UK and Germany in relation to the European approach. The chapter also provides an overview of the differing approaches to registration of novel trade mark forms in Germany and the UK, setting the stage for the detailed analysis that follows.
• II. The First Council Directive 89/104/EEC and the Council Regulation 40/94: This chapter discusses the Directive's objectives, focusing on harmonisation of trade mark law across Member States and its impact on the internal market. It highlights the Directive's key provisions related to the registration of trade marks, including the list of examples of signs that can constitute a trade mark. Additionally, the chapter briefly introduces the Community Trade Mark (CTM) system and its parallel function to the national trade mark systems.
• III. Relevant provisions: This chapter delves into the relevant provisions of the Directive, the Regulation and the national trade mark legislation in the UK and Germany. It explores the specific regulations governing the registration of novel trade mark forms in both countries, highlighting any significant differences between the national and European frameworks.
• IV. The Function of Trade Marks: This chapter provides a comprehensive overview of the functions and objectives of trade marks, including their role in distinguishing goods and services, protecting consumer interests and fostering fair competition. It examines the rationale behind the development and implementation of novel trade mark forms and the challenges associated with their registration.
• V. Registration practice and case law in the UK, Germany and the European Community: This chapter delves into the specific registration practices and case law concerning novel trade mark forms, including three-dimensional marks, smell marks, sound marks and colour marks. It analyzes the different approaches taken by the UK, Germany and the European Union, highlighting key case studies and significant decisions. It also discusses the consistency or inconsistency of national practices with the European approach to trade mark registration.

Schlüsselwörter (Keywords)

This dissertation explores the key themes of registration practice and case law, novel trade mark forms, European harmonisation, distinctiveness, graphic representation, the requirement to keep free, the scope of protection, the First Council Directive 89/104/EEC, the Council Regulation 40/94, the UK Trade Marks Act 1994, the German Trade Mark Act (MarkenG), the Community Trade Mark (CTM), the European Court of Justice (ECJ), and the Office for the Harmonisation of the Internal Market (OHIM).