ABSTRACT
The chapter discusses the legal framework applying to functional trade marks in the EU. The chapter starts with analysing the main features of the harmonized EUTM provisions. It maps the international law having possible relevance to functional trade marks. Part 1.2.1. looks into the Paris Convention as concerns the registration of non-traditional marks (e.g. three-dimensional), whilst Part 1.2.2. explores the standards of trade mark protection set by the TRIPS Convention. Part 1.3.1. looks into the specifics of several pre-harmonized legislations (Benelux, UK, Germany, Nordic countries) pertaining to the status of signs consisting of product features – these types of signs was mostly scrutinized upon lack of distinctive character and/or functionality concerns. The final remarks complementarily address the functionality provisions set in the EU design law for reasons of relationship with trade marks – both are means for protecting the appearance of a product.
