Does Trademark Law Affect Opposability? Evidence from Europe

Presented: EPIP 2024.

Abstract

I study the effects of trademark law on opposability proceedings within the European Union. Using a difference-in-differences design, I exploit the exogenous variation generated by Regulation (EU) 2017/1001 (EUTMR), which introduced a new framework for the protection of non-conventional trademarks. In particular, Article 4 abolished the graphical representation requirement that had governed trademark registration since the first directive in 1988. Prior to the reform, non-conventional marks could acquire protection only if they were visually perceptible. Comparing opposability outcomes for conventional marks (control group) and non-conventional marks (treatment group), I find that the reform had no significant effect on the likelihood of refusal. The results are robust across applicant and examiner characteristics, suggesting that the legal change may nonetheless open opportunities for new forms of intellectual property.

Data Collection Completed.