The trademark laws of Belgium, the Netherlands and Luxembourg (Benelux) are unified in the Benelux Convention on Intellectual Property (BCIP), meaning trademark law and the substantive analysis thereof is, or should largely be, applied identically to all three countries. The national trademark laws of Benelux, as for all other EU Member States, are subject to the transposition of the latest Trade Mark Directive (TMD). This presupposes that the BCIP must fully comply with the provisions of that recast Directive and the CJEU’s interpretative case law. Without being exhaustive and aside from the much-debated SkyKick and Monopoly ruling, other leading judgments relevant to answering the subject of this questionnaire are the following.

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Belgium

  • Jeroen Muyldermans

摘要

The trademark laws of Belgium, the Netherlands and Luxembourg (Benelux) are unified in the Benelux Convention on Intellectual Property (BCIP), meaning trademark law and the substantive analysis thereof is, or should largely be, applied identically to all three countries. The national trademark laws of Benelux, as for all other EU Member States, are subject to the transposition of the latest Trade Mark Directive (TMD). This presupposes that the BCIP must fully comply with the provisions of that recast Directive and the CJEU’s interpretative case law. Without being exhaustive and aside from the much-debated SkyKick and Monopoly ruling, other leading judgments relevant to answering the subject of this questionnaire are the following.