Industrial Property Law
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Part 1: Administrative and professional organization
Title 1: Introduction
Title 2: Elements of a trademark
Chapter 1: Registration
Chapter 2: Opposition
I: Standing
II: Fraudulent filing
IV: Statute of limitations
Section 2: Limits to the claim
Section 3: Effects
Title 4: Rights conferred by the trademark
Title 5: Exploitation and transfer of the trademark
Title 6: Collective and guarantee marks
Title 7: Protection of the mark
Title 8: Loss of trademark rights
Title 9: Geographical indications
Part 3: Patents
Part 4: Designs
88. Breach of a legal or contractual obligation
1 minute de lecture
A claim may be initiated by a person who believes he or she has a right to the mark if the registration was applied for in breach of a legal or contractual obligation. Rulings on claims based on a registration in breach of a legal obligation are rare because such a registration is in principle void or unenforceable. More often, claims based on the breach of a contractual obligation are upheld beca …
