Trade mark law of the European Union
From Wikipedia, the free encyclopedia
European trade mark law is governed by national law in the countries which make up Europe, together with European Law within those European countries which are also EU member states. Trade marks may be registered within individual countries, or across the whole of the EU (by means of a Community Trade Mark).
Within EU member states, national law implements European Directives so that the law in each jurisdiction is more or less equivalent, the eventual goal being harmonisation of trade mark law within the EU.
Certain aspects of law do vary on a country by country basis within the EU, such as the protection for unregistered trade marks within the United Kingdom under the common law tort of Passing off and the inclusion of provisions relating to Honest Concurrent Use into UK national trade mark law (which have their basis in the 1938 UK legislation rather than the Directive which led to the drafting of the UK Trade Marks Act 1994).
Notable countries within Europe but outside the EU include Norway and Switzerland.
There is also a system known as the Madrid System which applies within European countries and provides a means of streamlining applications on a national level via a single International Registration which may have effect in several countries, as designated by the applicant.
