The Scope and Limits of Protection for Distinctive Signs against the Community Design

This book addresses the application and the implications of Art. 25(1)(e) CDR – the basis for invalidation of a Community design on the basis of infringement of a prior distinctive sign. This potentially attractive provision, allowing for an invalidation with reference to various legal provisions, results to date in a lower number of invalidations than Art. 25(1)(b) CDR – the other basis for invalidation available for the owners of distinctive signs.
The analysis covers the scope and limits of protection of trade marks, trade names, company symbols, work titles and names, with reference to the EU-harmonised rules and the national German law. This examination is a starting point for addressing some of the controversial issues concerning the application of Art. 25(1)(e) CDR as a ground for invalidation, such as the application of limitations to the right to a distinctive sign in design invalidity proceedings, or the relationship between the invalidation on the basis of lack of novelty, lack of individual character and based on infringement of prior rights.