C/L/54. Discuss and analyse the conditions for the trade mark protection within the EC law.

In this essay the author discusses the decisions of the case law in relation to interpretation of the Council Directive 89/104 to approximate the laws of the Member States relating to trade marks and Council regulation 40/94 on the Community trade mark. The work starts by outlining the basic rights and doctrines that had been developed in relation to trade mark law within the EC Treaty. The discussion then moves to the already mentioned Regulation and Directive. Through out the essay it is shown that first of all it is very difficult to have a sign that will amount to trade mark and hence will be able to be registered as such; and secondly that the Courts in delivering their judgements, have created a significant amount of uncertainties and unclarities in the area of trade marks.