Trademark use doctrine in the European Union and Japan

Research output: Working paperDiscussion paperOther research output

Abstract

The scope of the regulatory power of trademark law in the market-place is constantly being tested against the new developments in technology. Today, the rights arising from the trademarks increasingly cover large portion of activities going beyond the mere misrepresentation of goods and services. Market transparency is not anymore the sole goal of trademark law. In this comparative study, we will contrast European and Japanese approach to the doctrine of trademark use, i.e. doctrine that decides whether the trademark laws extend rights to regulate a particular use of a sign prior to any considerations of confusion or unfair advantage. Evolution of the law in the two countries illustratively shows the gradual departure from origins of trademark protection, still persisting in Japan, to more advanced, but not necessarily better, systems of protection in the European Union. By comparing the trademark law of two economies, the paper aims to demonstrate how the doctrine of trademark use itself facilitates the spill-over of the extended protection – initially offered only to well-known trademarks – also to ordinary trademarks and thus leads to overall expansion of the trademark law.
Original languageEnglish
Number of pages26
Publication statusPublished - 4 Mar 2016

Publication series

NameTILEC Discussion Paper
Volume2016-005

Fingerprint

trademark
doctrine
Japan
Law
market transparency

Keywords

  • trademark law
  • trade mark use
  • source identifying use
  • referential use
  • dilution
  • anti-confusion protection
  • misappropriation
  • misrepresentation

Cite this

Husovec, M. (2016). Trademark use doctrine in the European Union and Japan. (TILEC Discussion Paper; Vol. 2016-005).
@techreport{add556949cec4398bc314baa1b0fdf1a,
title = "Trademark use doctrine in the European Union and Japan",
abstract = "The scope of the regulatory power of trademark law in the market-place is constantly being tested against the new developments in technology. Today, the rights arising from the trademarks increasingly cover large portion of activities going beyond the mere misrepresentation of goods and services. Market transparency is not anymore the sole goal of trademark law. In this comparative study, we will contrast European and Japanese approach to the doctrine of trademark use, i.e. doctrine that decides whether the trademark laws extend rights to regulate a particular use of a sign prior to any considerations of confusion or unfair advantage. Evolution of the law in the two countries illustratively shows the gradual departure from origins of trademark protection, still persisting in Japan, to more advanced, but not necessarily better, systems of protection in the European Union. By comparing the trademark law of two economies, the paper aims to demonstrate how the doctrine of trademark use itself facilitates the spill-over of the extended protection – initially offered only to well-known trademarks – also to ordinary trademarks and thus leads to overall expansion of the trademark law.",
keywords = "trademark law, trade mark use, source identifying use, referential use, dilution, anti-confusion protection, misappropriation, misrepresentation",
author = "Martin Husovec",
year = "2016",
month = "3",
day = "4",
language = "English",
series = "TILEC Discussion Paper",
type = "WorkingPaper",

}

Husovec, M 2016 'Trademark use doctrine in the European Union and Japan' TILEC Discussion Paper, vol. 2016-005.

Trademark use doctrine in the European Union and Japan. / Husovec, Martin.

2016. (TILEC Discussion Paper; Vol. 2016-005).

Research output: Working paperDiscussion paperOther research output

TY - UNPB

T1 - Trademark use doctrine in the European Union and Japan

AU - Husovec, Martin

PY - 2016/3/4

Y1 - 2016/3/4

N2 - The scope of the regulatory power of trademark law in the market-place is constantly being tested against the new developments in technology. Today, the rights arising from the trademarks increasingly cover large portion of activities going beyond the mere misrepresentation of goods and services. Market transparency is not anymore the sole goal of trademark law. In this comparative study, we will contrast European and Japanese approach to the doctrine of trademark use, i.e. doctrine that decides whether the trademark laws extend rights to regulate a particular use of a sign prior to any considerations of confusion or unfair advantage. Evolution of the law in the two countries illustratively shows the gradual departure from origins of trademark protection, still persisting in Japan, to more advanced, but not necessarily better, systems of protection in the European Union. By comparing the trademark law of two economies, the paper aims to demonstrate how the doctrine of trademark use itself facilitates the spill-over of the extended protection – initially offered only to well-known trademarks – also to ordinary trademarks and thus leads to overall expansion of the trademark law.

AB - The scope of the regulatory power of trademark law in the market-place is constantly being tested against the new developments in technology. Today, the rights arising from the trademarks increasingly cover large portion of activities going beyond the mere misrepresentation of goods and services. Market transparency is not anymore the sole goal of trademark law. In this comparative study, we will contrast European and Japanese approach to the doctrine of trademark use, i.e. doctrine that decides whether the trademark laws extend rights to regulate a particular use of a sign prior to any considerations of confusion or unfair advantage. Evolution of the law in the two countries illustratively shows the gradual departure from origins of trademark protection, still persisting in Japan, to more advanced, but not necessarily better, systems of protection in the European Union. By comparing the trademark law of two economies, the paper aims to demonstrate how the doctrine of trademark use itself facilitates the spill-over of the extended protection – initially offered only to well-known trademarks – also to ordinary trademarks and thus leads to overall expansion of the trademark law.

KW - trademark law

KW - trade mark use

KW - source identifying use

KW - referential use

KW - dilution

KW - anti-confusion protection

KW - misappropriation

KW - misrepresentation

M3 - Discussion paper

T3 - TILEC Discussion Paper

BT - Trademark use doctrine in the European Union and Japan

ER -