Geography Reference
In-Depth Information
breach of Art 74d shall be declared invalid on application to the Agency or on
the basis of a counterclaim in infringement proceedings, unless the proprietor
of the mark, by amending the regulations governing use, complies with the
requirements of Art 74d.
xii. Delegation of powers
Article 74k provides that the Commission shall be empowered to adopt
delegated acts in accordance with Art 163 specifying the period referred to in
Art 74c(1) for submitting the regulations governing use of the European
certification mark to the Agency and the content of those regulations as set out
in Art 74c(2).
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3. Choice between collective and certification marks
A certification mark is only available where the applicant is connected with
those who wish to use the mark only through the certification process, whereas
members of the association may use, or not, a collective mark to indicate
membership and compliance with the conditions for membership. A certifi-
cation mark in distinguishing the goods or services which are certified is
considered to be more protective of consumers (Belson, 2002 at 3-01).
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A certification mark is not used by its owner. The certification mark owner
controls the use of the mark by others on the certified goods or services by
taking steps to ensure that the mark is applied only to products that contain or
display the requisite characteristics or meet the specified requirements that the
certifier has established or adopted for the certification.
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Collective marks indicate commercial origin of goods or services in members of
a group rather than origin in any one member or party. All members of the
group use the mark; therefore, no one member can own the mark, and the
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(a)
a right to a name;
(b)
a right of personal portrayal;
(c)
a copyright;
(d)
an industrial property right.
3.
A Community trade mark may not be declared invalid where the proprietor of a right referred to in
paragraphs 1 or 2 consents expressly to the registration of the Community trade mark before
submission of the application for a declaration of invalidity or the counterclaim.
4.
Where the proprietor of one of the rights referred to in paragraphs 1 or 2 has previously applied for a
declaration that a Community trade mark is invalid or made a counterclaim in infringement
proceedings, he may not submit a new application for a declaration of invalidity or lodge a counterclaim
on the basis of another of the said rights which he could have invoked in support of his first application
or counterclaim.
5.
Article 52(3) shall apply.
