itma-1
26 May 2016TrademarksKate O’Rourke

ITMA: EU and US trademark law

The doctrine of functionality in trademark law originated in Europe, but its application was restricted to shape marks. However, on March 26, 2016, Regulation (EU) 2015/2424 (the trademark regulation) came into force and amended article 3(1)(e) and article 7(1)(e) of Directive 2008/95/EC and Council Regulation (EC) No. 40/94 respectively.

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