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
Title 3: Acquisition of property right in the mark
Section 1: Real and absolute right
Section 2: Right to prevent use in the course of trade
Section 3: Types of prohibited use
Chapter 2: Limitations to the exclusive right
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
92. Exclusive right
1 minute de lecture
The owner's exclusive right to a trademark was established very early on. The Law of 31 December 1964 already acknowledged in Article 4 the proprietary right of the owner of the trademark resulting from its registration, characterized as exclusive by the Court of Justice in 1974. The Hoffmann-Laroche ruling states that the specific purpose of a trademark is to provide its owner with an exclusive …
