EU Trade Mark Law and Product Protection : A Comparative Analysis of Trade Mark Functionality (Paperback)

Introduction: How to deal with functionality in trade mark law in a practical way;  1. The legal framework of trade marks’ functionality in the EU;  2. ‘La raison d’etre’ of functionality in the EUTM - A tool for balancing interests between legal exclusivity and enhancing competition;  3. The US legal framework of functionality doctrine. Areas of convergence with EU law;  4. Functionality within the framework of law and economics. Competition concerns against protecting functional trade marks;  5. Categories of signs falling within the scope of EU functionality refusal grounds;  6. Technical functionality;  7. Generic functionality - Signs resulting from the nature of goods;  8. The functionality of signs giving substantial value to goods;  Conclusions