Should a trade mark owner be able to stop others from marketing the same product after removing the trade mark?

18 December 2018

Most people’s gut-feeling would say yes… because it sounds unfair. The CJEU also opines yes, but bends EU trade mark protection rules considerably and thereby increases EU trade mark protection for trade mark proprietors regarding two aspects: 1) the scope of when a sign is used in the course of trade, and 2) the scope of the right of first marketing.

Anke Moerland

Anke Moerland is Assistant Professor of Intellectual Property Law in the European and International Law Department, Maastricht University. She holds a PhD on Intellectual property protection in EU bilateral trade agreements from Maastricht University. She also holds a bachelor’s degree in International Relations from Technical University Dresden, Germany (2005), a bachelor’s degree (cum laude) in Dutch Law from Maastricht University (2011) and a LLM degree (cum laude) from the Magister Juris Communis Programme from Maastricht University (2006).


Anke has published on IP law and policy. Since 2018, she holds a visiting professorship at Queen Mary University of London on Intellectual Property Law, Governance and Art. Since 2017, Anke coordinates the EIPIN Innovation Society, a 4-year Horizon 2020 grant under the Marie Skłodowska Curie Action ITN-EJD.


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