Cancellation of a Trade mark pursuant to Section 33b the Marks Act: Preventive measures

If a trade mark has become a common name for goods, there is a risk that it will be cancelled pursuant to Section 33b of the Trade Marks Act (MSchG). This thesis examines how a trademark owner can prevent such cancellation. To this end, the relevant landmark decisions in Austria are subjected to a detailed analysis and compared with the legal views of academic literature as well as European and German case law. Based on this analysis of case law, the main body of the thesis sets out a toolkit that a trademark owner can use to prevent the cancellation of their trademark. This catalogue of measures is designed as a guide for legal scholars and practitioners and is intended to provide certainty for trademark owners. Provided they adhere to the measures outlined in the thesis, the loss of trademark rights under Section 33b MSchG is ruled out.

Pagina's: 52, Paperback, Our Knowledge Publishing