PhD defence M. (Marjolein) Bronneman

Below is a brief summary of the dissertation:

European trade mark law is laid down in the Trade Marks Directive and Regulation. But to understand what rights trade mark proprietors actually have, it is essential to look at the case law of the European Court of Justice (ECJ).

Over the past decades, the ECJ has shaped European trade mark law in fundamental ways. It has developed, among other things, the so-called function theory and recognised a new right of the trade mark proprietor that cannot be found in the legislation itself.

This book examines the manner in which the ECJ has shaped European trade mark law, the norms it has developed and how those norms relate to the legislative framework. It focuses on the rights of the trade mark proprietor and the limitations on those rights.

By exploring the background to the norms developed by the ECJ and examining the manner in which the ECJ shapes the law, this book offers a new perspective on European trade mark law. It also provides a guide through the ECJ’s sometimes complex case law for anyone working in the field of trade mark law.

The book also identifies areas of tension between the case law of the ECJ and the legislative framework and presents concrete proposals for a clearer, more balanced and future-proof system of European trade mark law. It further addresses current issues, including whether trade mark proprietors may oppose the marketing of refurbished and upcycled trade-marked goods.