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An Introduction To Lattice Gauge Theory And Spin Systems

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Having regard to the proposals of the Commission contained in the draft Directive for the harmonization of the national trade mark laws there is some hope that eventually there will be a certain approximation to the Benelux system of Article 13 A, 2. Reference was made above to the 'well-known' trade mark: it has often been suggested that only well-known trade marks can be considered for protection under Article 13 A, 2. The Benelux Court of Justice expressly held in the CLAERYN case that the trade mark did not need to be well-known.

50 Chapter IX The Substance of the Trade Mark Right Article 3 of the BMW states that the exclusive right to a trade mark is obtained through the first deposit made inside the Benelux area (Benelux deposit) or resulting from a registration at the International Bureau at Geneva (international deposit). What then is to be understood by the exclusive right to a trade mark? Article 13 of the BMW defines the extent of this right. One finds there a summary of the possible actions available to the trade mark owner against infringements of his right when others use trade marks which come too close to his own.

Naturally the registratio n procedure takes more time when owners of existing trade marks can file an opposition. It is selfevident that they must be given a certain time to become acquainted with a newly deposited trade mark and to deliberate on the question of whether they wish to oppose it or to make contact with its applicant in order to investigate the possibility of coming to an amicable settlement. The opposition department must be able to study the matter before making a 42 decision and this will naturally take time.

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