Analysis of the Assessment of a Likelihood of Confusion for the Community Trade Mark

Abstract

In Europe, the “Community trade mark system” was created in order to harmonize trade mark law throughout the European Community. This system grants trade mark protection through registration of a Community trade mark for the whole territory of the European Community.

This thesis takes a look at the state of trade mark law harmonization in the European Union and at the influence of the European Court of Justice’s preliminary rulings on the Member States’ national jurisprudence and practice in matters of assessing the existence of a likelihood of confusion. This thesis focuses on the case law of the German, Spanish and UK Community trade mark Courts regarding the standards for a determination of a likelihood of confusion in infringement proceedings.

In Europe, the “Community trade mark system” was created in order to harmonize trade mark law throughout the European Community. This system grants trade mark protection through registration of a Community trade mark for the whole territory of the European Community.

This thesis takes a look at the state of trade mark law harmonization in the European Union and at the influence of the European Court of Justice’s preliminary rulings on the Member States’ national jurisprudence and practice in matters of assessing the existence of a likelihood of confusion. This thesis focuses on the case law of the German, Spanish and UK Community trade mark Courts regarding the standards for a determination of a likelihood of confusion in infringement proceedings.