Commentary:General Information

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The "Commentary" pages are are explanatory material relevant to those adopting the Model Trademark Guidelines, like Reporter's Notes for a Restatement or advisory committee notes for model laws. They provide information to the end users of the guidelines about the legal, practical and ideological rationale embodied in the guidelines.

If you want to discuss what's on the Commentary page, use the "Discussion" tab for the Commentary page.

Commentary page for General Information[edit]

What trademark law is about[edit]

What is a trademark?[edit]

United States[edit]
Other jurisdictions[edit]

What is "likelihood of confusion"?[edit]

United States[edit]
Other jurisdictions[edit]

What is "nominative" use?[edit]

United States[edit]
Other jurisdictions[edit]
European Union[edit]

Case C-63/97, Bayerische Motorenwerke AG (BMW) v. Deenik: "Articles 5 to 7 of First Directive 89/104 do not entitle the proprietor of a trade mark to prohibit a third party from using the mark for the purpose of informing the public that he carries out the repair and maintenance of goods covered by that trade mark and put on the market under that mark by the proprietor or with his consent, or that he has specialised or is a specialist in the sale or the repair and maintenance of such goods, unless the mark is used in a way that may create to the impression that there is a commercial connection between the other undertaking and the trade mark proprietor, and in particular that the reseller's business is affiliated to the trade mark proprietor's distribution network or that there is a special relationship between the two undertakings."

Proper trademark use[edit]

Use of trademarks in text[edit]

United States[edit]
Other jurisdictions[edit]

Use of Logos[edit]

United States[edit]
Other jurisdictions[edit]