Course Descriptions

Autumn Term

Introduction to European Trademark Legal Systems

Survey of the overlapping trademark legal systems in Europe including national, regional and international trademark registration

European Trademark Law

Principles of trademark law including the law of passing-off, protection of well-known and famous marks, dilution, detriment, and unfair advantage, legal requirements for trademark protection, trademark litigation, judicial remedies, trademark licenses and transactions

European Trademark Registration

Principles of trademark registration including distinctiveness, descriptive marks, graphical marks, sounds, colors, slogans, service marks, trade dress, celebrity marks, morality and public decency, legal requirements for registrability

Trademark Infringement & Legal Defense

Principles of trademark infringement including identical and similar marks, non-infringing acts, statutory defense, comparative advertising, doctrine of exhaustion of rights, fair use, likelihood of confusion

Winter Term

Community Trademark (CTM) Law

Council Regulation (EC) No 40/94 of 20 December 1993 on the Community Trade Mark

Community Trademark (CTM) Registration

Procedural aspects of trademark registration pursuant to Council Regulation (EC) No 40/94 of 20 December 1993 on the Community Trade Mark

Opposition & Cancellation Proceedings before the Office for Harmonization in the Internal Market (OHIM)

Procedural aspects of trademark opposition and cancellation proceedings pursuant to Council Regulation (EC) No 40/94 of 20 December 1993 on the Community Trade Mark

International Trademark Registration Pursuant to the MADRID AGREEMENT and MADRID PROTOCOL

Legal history of the "Madrid Agreement Concerning The International Registration of Marks" of 1891 and the the administrative apparatus subsequently implemented by the "Protocol Relating To The Madrid Agreement" of 1996, procedures and rules governing international trademark registration

Spring Term

International Trademark Law

International treaties including the Paris Convention on the Protection of Industrial Property, the Madrid Agreement and Madrid Protocol, the Agreement on Trade-Related Aspects of Intellectual Property Law (TRIPs), the Trademark Law Treaty; Regional treaties including the Benelux Treaty on the Uniform Trade Mark Law, the Community Trade Mark (CTM) Regulation and the Council Directive 89/104

European Trademark Case Law

Judicial decisions by the European Court of Justice, the Court of First Instance of the European Communities, and the European Free Trade Association Court

Geographical Indications

Protected designations of origin (PDOs) and geographical indications (PGIs), Council Regulation 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, and Council Regulation 2082/92 on the protection of processed foods

Domain Names, Trademarks and the Internet

International agreements governing allocation of domain names and the use of trademarks on the Internet