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Acquired distinctiveness in the European Union: When nontraditional marks meet a (fragmented) single market

Abstract:

This article examines the emergence of a territoriality-centered approach to acquired distinctiveness of European Union ("EU") trademarks, which devolves into a formalistic exercise of assessing market conditions of all Member States individually. In so doing, it challenges the conventional wisdom that nontraditional marks (e.g., shapes and colors) are best kept away from the EU register. The issue of acquired distinctiveness cannot be framed as a binary cho...

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Publication status:
Published
Peer review status:
Peer reviewed

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Publisher:
International Trademark Association
Journal:
Trademark Reporter More from this journal
Volume:
109
Issue:
3
Pages:
619-670
Publication date:
2019-06-28
Acceptance date:
2019-05-14
ISSN:
0041-056X
Language:
English
Keywords:
Pubs id:
pubs:1026267
UUID:
uuid:6212748f-7437-4504-8771-a463bc365921
Local pid:
pubs:1026267
Source identifiers:
1026267
Deposit date:
2019-07-03

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