The concept of trade mark series: Origin and implications for the scope of protection

“United we stand, divided we fall”. In a world shaped by globalization, trade marks have become powerful business tools. Large companies – such as Mac Donald or Apple – have focused their marketing strategy on the development of a range of trade marks sharing a common denominator. Thus, the group formed by those trade marks taken all together can be identified as a trade mark series. Following the development of this new concept, the necessity to protect the series as an individual entity has emerged. The recognition of the validity of trade mark families generates tremendous consequences. In the light of these numerous implications, recent ECJ decisions are progressively building the scope of application and protection of this revolutionary concept.

After two Master’s degree in Business Law and Intellectual Property Law, Maxime Diot is currently working as legal counsel. Maxime Diot won several moot court competitions and participated at the fourth University Network organized by the OHIM with the topic of the trade mark series.