Region: Europe

Greece: Trademark procedures and strategies

Featured in World Trademark Review Yearbook 2022/2023

Unregistered signs are protected under Articles 13 to 15 of the Unfair Competition Law in Greece and may constitute relative grounds for refusal. In particular, protection is offered to signs that are deemed to have become a distinctive feature of the goods or services that they cover.

21 October 2022

Spain: Trademark procedures and strategies

Featured in World Trademark Review Yearbook 2022/2023

Distinctive signs are principally governed by the Trademark Act, which was partially modified by Royal Decree-Law 23/2018 to incorporate Directive (EU) 2015/2436. This is complemented by Royal Decree 687/2002, which was modified by Royal Decree 306/2019 to adapt to the Trademark Act as amended. At an international level, the Trademark Act has adapted Spanish law to the general legal framework established within the international community.

21 October 2022

Benelux: Trademark procedures and strategies

Featured in World Trademark Review Yearbook 2022/2023

The Benelux Convention on Intellectual Property does not provide for protection of unregistered trademarks, the only exception being the protection of well-known marks as prescribed by the Paris Convention. When no registration exists, no trademark rights can be invoked. Timely registration is therefore of the essence.

21 October 2022

Poland: Trademark procedures and strategies

Featured in World Trademark Review Yearbook 2022/2023

In Poland, a trademark can be applied for and owned by a natural or legal person, or by organisational entities that are not legal persons but in which a statute vests legal capacity.  Persons whose place of residence or registered office is not located within the territory of the European Union, a European Free Trade Association member state, a party to the Agreement on the European Economic Area or Switzerland must act through a patent agent, attorney or legal counsel.

21 October 2022

Turkey: Trademark procedures and strategies

Featured in World Trademark Review Yearbook 2022/2023

Turkey is a signatory to several key treaties and conventions including the Paris Convention, the Agreement on Trade-Related Aspects of Intellectual Property Rights and the Madrid Protocol. As a member of WIPO since 1976, Turkey follows the Nice Classification system. Turkey is also a party to the Vienna Convention, the Convention Establishing the World Trade Organization and the Trademark Law Treaty.

21 October 2022

France: Trademark procedures and strategies

Featured in World Trademark Review Yearbook 2022/2023

French trademark law confers no exclusive right to the owner of an unregistered mark. However, a well-known mark within the meaning of Article 6bis of the Paris Convention may be protected under civil law under certain conditions and notably, against the use of an identical or similar sign for identical or similar goods or services for which the mark is well-known, provided that there is a likelihood of confusion.

21 October 2022

Germany: Trademark procedures and strategies

Featured in World Trademark Review Yearbook 2022/2023

Wilful trademark infringement is a crime and may be punished. The local public prosecutor’s office is empowered by the Federal Act of Criminal Procedure to commence proceedings on its own initiative or upon receiving a complaint. The possibilities of the rights holder to influence the investigation, including the speed at which it is conducted, are limited.

21 October 2022

Serbia: Trademark procedures and strategies

Featured in World Trademark Review Yearbook 2022/2023

Use of the mark by the licensee is considered as use that defends against revocation for non-use in Serbia. In general, trademark licensees may sue for trademark infringement, unless the licence provides otherwise.

21 October 2022

United Kingdom: Trademark procedures and strategies

Featured in World Trademark Review Yearbook 2022/2023

Unjustified threats provisions relating to trademarks and other forms of registered IP rights are prescribed under the Intellectual Property (Unjustified Threats) Act 2017. The provisions regarding trademarks are expressly covered by Sections 21 to 21F of the Trademarks Act.

21 October 2022

Sweden: Trademark procedures and strategies

Featured in World Trademark Review Yearbook 2022/2023

Sweden’s trademark laws are based largely on international conventions and EU regulations and directives. As an EU member state, Sweden is bound by the EU Trademark Regulation (2017/1001) and the EU Trademarks Directive (2015/2436).

21 October 2022

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