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A Limited Harmonization under European Union Law
from XII - Secondary Trademark Liability
Published online by Cambridge University Press: 18 September 2020
European Union trademark law is essentially laid down in two statutory instruments, namely, (i) the EU Trade Mark Regulation (EUTMR), which governs EU-wide trademarks and is directly applicable to all EU member states;1 and (ii) the Trade Mark Directive (TMD), which harmonizes member states’ national marks.2 Both statutes confer on the trademark owner the exclusive right to prevent some third-party uses of a sign identical or similar to the registered trademark. Those uses encroach directly upon the proprietor’s exclusive rights and thus constitute a primary trademark infringement.
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