Übersetzung für "Markenrichtlinie" in Englisch

The same applies for necessary amendments of corresponding provisions which are already part of the TM Directive.

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The goods are indeed situated physically in the European Economic area so that trademark guidelines are valid.

Legally, the judgment is unassailable from the moment that it states that Article 7 of the Trade Mark Directive, by establishing the principle of Community exhaustion, indirectly establishes the prohibition of international exhaustion.

The Trademarks Directive in its original form was certainly introduced to protect trademarks and to secure consumer confidence that they would know what they were buying.

On the basis of this evaluation and an impact assessment, the Commission will present proposals to revise both the Community Trade Mark Regulation and the Trade Mark Directive in the last quarter of 2011.

The specific objectives are to increase convergence of the TM Directive with the CTM Regulation, and to increase the level of cooperation between OHIM and national IP offices.

In Community law, the principle of exhaustion laid down in the trade marks directive prevents the trade mark proprietor from relying on the exclusive rights conferred by the trade mark where goods bearing that mark have been placed on the market within the Community (now the EEA) by the proprietor or with his consent.

In today's judgment, the Court emphasises, first, that the Trade Mark Directive must be interpreted as meaning that it requires the goods and services for which the protection of the trade mark is sought to be identified by the applicant with sufficient clarity and precision to enable the competent authorities and economic operators, on that basis alone, to determine the extent of the protection sought.

Five years after the entry into force of the amendments to the CTM Regulation (and, if applicable, also the TM Directive), the Commission could review the new legal framework for cooperation, with particular attention to the funding mechanism for cooperation.

The initiative to recast the Directive on trademarks is to make trade mark registration systems all over the EU more accessible and efficient for businesses.

Option 2 (partial approximation): The approximation of national laws and their coherence with the CTM system would be expanded to encompass (i) the alignment of the principal procedural rules with the CTM Regulation, (ii) the alignment of further substantive law aspects addressed in the CTM Regulation, and (iii) the reduction of optional provisions in the TM Directive, in line with the CTM Regulation.

The High Court of Justice of England and Wales has referred two questions to the Court of Justice for a preliminary ruling on the 1988 trade mark directive.

The national court has requested the Court of Justice to clarify the interpretation of certain provisions of the Trade Mark Directive 1 and of the Directive concerning misleading and comparative advertising 2 .

Since the 90s, when the trade mark acquis was created, neither the TM Directive nor the CTM Regulation have been subject to any major modification.

Next, it points out that the use by an advertiser, in a comparative advertisement, of a sign identical with or similar to the mark of a competitor may be prevented, where appropriate, by virtue of the Trade Marks Directive, unless it satisfies all the conditions laid down in the Directive concerning misleading and comparative advertising under which comparative advertising is permitted.

Such measures, aiming at extending the current level of approximation through the TM Directive, can only be taken at EU level, particularly given the need to ensure coherence with the CTM system.

108 the case of Directive 89ll04lEECx on ftade marks, the slippage from the timetable set fortransposal was due to the adoption of the Regulation on the Community trade mark.

Article 12(2)(b) of Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks is to be interpreted as not precluding a prohibition on the marketing of products coming from a Member State where they are lawfully marketed, on the ground that they bear a trade mark which the proprietor has been specifically prohibited from using in the Member State of importation because it has been held there to be hable to mislead consumers.'

Since the High Court of Justice of England and Wales, Queen's Bench Division (Administrative Court), considered that interpretation of Community law was needed in the case before it, it decided to stay proceedings and refer questions to the Court of Justice for a preliminary ruling.

A trade mark consisting of a colour applied to the sole of a shoe does not consist "exclusively of the shape" within the meaning of the Trade Mark Directive, the European Court clarifies.

The District Court of The Hague (before Louboutin complained against Van Haaren) would now like to know whether the term "shape " used in the Trade Mark Guideline (RL 2008/95 / EC) also includes non-three-dimensional properties of the goods, such as a color, detected.

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The ECJ answered the question referred by the Dutch court: Does the term "shape" in the EU Trademark Directive (Directive 2008/95/EC) also include properties which do not concern shape in the sense of three-dimensional structure, but, for example, the positioning of a certain colour in the trademark?