A societas Europaea is a public company registered in accordance with the corporate law of the European Union (EU), introduced in 2004 with the Council Regulation on the Statute for a European Company. Such a company may more easily transfer to or merge with companies in other member states.
A directive is a legal act of the European Union that requires member states to achieve particular goals without dictating how the member states achieve those goals. A directive's goals have to be made the goals of one or more new or changed national laws by the member states before this legislation applies to individuals residing in the member states. Directives normally leave member states with a certain amount of leeway as to the exact rules to be adopted. Directives can be adopted by means of a variety of legislative procedures depending on their subject matter.
The European Union Intellectual Property Office, founded in 1994, is the European Union Agency responsible for the registration of the European Union trade mark (EUTM) and the registered Community design (RCD), two unitary intellectual property rights valid across the 27 Member States of the EU. Every year, it registers an average of 135 000 EU trade marks and close to 100 000 designs. The EUIPO is also responsible for maintaining an Orphan Works Registry. Registered works have certain permitted acts under the Orphan Works Directive.
A regulation is a legal act of the European Union which becomes immediately enforceable as law in all member states simultaneously. Regulations can be distinguished from directives which, at least in principle, need to be transposed into national law. Regulations can be adopted by means of a variety of legislative procedures depending on their subject matter.
A European Union trade mark or EU trade mark is a trade mark which is pending registration or has been registered in the European Union as a whole.
European Union citizenship is afforded to all citizens of member states of the European Union (EU). It was formally created with the adoption of the 1992 Maastricht Treaty, at the same time as the creation of the EU. EU citizenship is additional to, as it does not replace, national citizenship. It affords EU citizens with rights, freedoms and legal protections available under EU law.
The European single market, also known as the European internal market or the European common market, is the single market comprising mainly the 27 member states of the European Union (EU). With certain exceptions, it also comprises Iceland, Liechtenstein, and Norway and Switzerland. The single market seeks to guarantee the free movement of goods, capital, services, and people, known collectively as the "four freedoms". This is achieved through common rules and standards that all participating states are legally committed to follow.
A colour trade mark or color trademark is a non-conventional trade mark where at least one colour is used to perform the trade mark function of uniquely identifying the commercial origin of products or services.
The Copyright, Designs and Patents Act 1988, also known as the CDPA, is an Act of the Parliament of the United Kingdom that received royal assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law in the United Kingdom, which had, until then, been governed by the Copyright Act 1956 (c. 74). It also creates an unregistered design right, and contains a number of modifications to the law of the United Kingdom on Registered Designs and patents.
Home state regulation is a principle in the law of the European Union for resolving conflict of laws between Member States when dealing with cross-border selling or marketing of goods and services. The principle states that, where an action or service is performed in one country but received in another, the applicable law is the law of the country where the action or service is performed. It is also called home country control, country of origin rule, or country of origin principle. It is one possible rule of EU law, specifically of European Single Market law, that determines which laws will apply to goods or services that cross the border of Member States.
The rule of the shorter term, also called the comparison of terms, is a provision in international copyright treaties. The provision allows that signatory countries can limit the duration of copyright they grant to foreign works under national treatment to no more than the copyright term granted in the country of origin of the work.
Council Directive No. 89/104/EEC, to approximate the laws of the Member States relating to trade marks, was introduced into European Union law on 21 December 1988. Its provisions were required to be introduced into national law by 29 December 1991. On this date, the Directive therefore became law with direct effect in each of the member states of the European Union. It was repealed in 2008 by EU Directive 2008/95/EC.
A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks.
Arsenal Football Club vs. Matthew Reed is a trademark infringement case concerning the sale of unlicensed Arsenal Football Club merchandise.
Shield Mark B.V. vs. Joost Kist is a decision by the 6th Senate of the European Court of Justice, case C-283/01, which dealt with the question whether sound signs may be registered as trademarks, and what requirements those sound signs and their trademark entry have to fulfill to be consistent with Article 2 of the First Council Directive of 21 December 1988 to approximate the laws of the Member States relating to trade marks (89/104/EEC).
Council Implementing Regulation (EU) No. 282/2011 was adopted by the Council of the European Union on 15 March 2011. This was mainly because the terms and wording of Directive 2006/112/EC have been inconclusive in some cases. The Regulation provided new implementing measures for the VAT Directive. Especially due to the amendment of the VAT Directive itself and the consistent case-law of the European Court of Justice, the former Implementing Regulation (EC) No. 1777/2005 had to be recast and clarified in certain aspects. This Implementing Regulation became effective on 1 July 2011 and does not have to be transported into national legislation of the individual member states of the European Union and thus is directly applicable.
Procter & Gamble v. Office for Harmonization in the Internal Market is a case before the European Court of Justice about the registration of 'BABY-DRY' as a trademark for baby diapers. OHIM refused the registration of the brand as a community mark saying that 'BABY-DRY' wasn't distinctive, but instead that it was descriptive without a secondary meaning.
Intel Corporation v. CPM United Kingdom Ltd., Case 252/2007 was a case of the European Court of Justice in which the ECJ interpreted the meaning of Article 4 (4)(a) of the EU Trade Marks Directive. The ECJ considered what elements are required to show that a later mark was causing dilution to an earlier mark. The case laid out a clear basis on which grounds a court can find that trademark dilution has occurred.
Société des Produits Nestlé S.A. v. Cadbury UK Limited is a trademark law case decision by the High Court of Justice, Court of Chancery, in the United Kingdom. The Court held that a specific shade of the colour purple was registrable as a trademark for the following goods: milk chocolate in bar and tablet form; milk chocolate for eating; drinking chocolate; preparations for making drinking chocolate.
The Trademarks Act, 2004 is legislation enacted by the Third Parliament of the Fourth Republic of Ghana and signed into law by President John Agyekum Kufuor. The Act regulates the process through which trademarks and collective marks are registered, the issuance of registered trademarks and how trademarks and collective marks are protected through the enforcement of the Act. The rationale for enacting the Act is for the protection of the goodwill and reputation of the business of a proprietor. The Act establishes the Trademark Registry(Registar) to which is mandated to register trademarks and issue registered trademarks. The Act has been amended by the Trademarks (Amendment) Act, 2014 which came into force on 25 July 2014. The Amendment incorporated the Madrid Protocol into The Act.
