Geography Reference
In-Depth Information
6
TRADE MARKS, COLLECTIVE MARKS,
CERTIFICATION MARKS, PASSING OFF
AND DOMAIN NAMES
A. EUROPEAN TRADE MARKS LEGISLATION 6.03
1. Distinctiveness
C. RELEVANCE OF TRIPS AND
INTERNATIONAL INSTRUMENTS IN THE
INTERPRETATION OF EUROPEAN TRADE
MARKS LAW
6.07
2. Superseded geographical names
6.21
6.156
3. Acquired distinctiveness of
geographical signs
1. Temporal application of the TRIPS
Agreement
6.22
6.157
4. Case law
6.30
2. Relevant signs
6.159
5. Absolute bars to registration of
geographical marks
3.
'Existing prior right'
6.161
6.51
4. Protection of trade names
6.163
6. Absolute bars aligned with
geographical indications protection 6.52
7. Absolute bar to partially
non-registrable signs
D. UNREGISTERED TRADE MARKS -
PASSING OFF
6.166
6.54
1. Elements of the action in passing
off
8. Limitation of the effects of a
registered geographical trade mark
6.167
6.55
2. Geographical marks and passing
off
9. Trade Marks and Protected
Geographic Indications (PGIs) or
Protected Denominations of Origin
(PDOs)
6.169
3. Geographical marks and
protectable reputation
6.175
6.72
4. Geographical marks and product
processing
6.180
B. COLLECTIVE AND CERTIFICATION
MARKS
5. Genericity
6.183
6.84
1. Community collective marks
6.86
E. DOMAIN NAMES AND GEOGRAPHICAL
INDICATIONS
2. Certification marks
6.116
6.185
3. Choice between collective and
certification marks
1.
Internet Corporation for Assigned
Names and Numbers (ICANN)
6.144
6.185
4. Choice between Trade Mark
Protection and Geographical
Indications Protection
2. Domain Names at WIPO
6.190
3. WIPO DNS panel decisions on
geographical domain names
6.147
6.196
6.01
Trade mark laws invariably refuse to allow geographical marks to be registered
on the ground that they are insufficiently distinctive, as well as the public
interest of leaving to traders the names of the geographical areas in which they
are located, particularly where a positive commercial reputation is associated
with products coming from those areas. Similarly, trade mark laws provide as a
defence to infringement the use of a person's address or an indication of the
geographical origin of goods or services. Excepted from the trade mark rules
that disqualify the registration or enforcement of geographical marks are
collective marks and certification marks, as well as registered GIs.
