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The Legal Regime of a Community Trade Mark “construed as a Nutrition or Health Claim” journal article

Nicole Coutrelis, Pierre Yves Corre

European Food and Feed Law Review, Volume 3 (2008), Issue 1, Page 5

I. A CFI’s examination strictly based on the Trade Mark regime 1. Summary of the case and of the CFI judgement In April 1998, the company Cema filed an application for a Community Trade Mark at the Office for Harmonisation in the Internal Market (OHIM) under Council Reg. 40/94 on the Community Trade Mark3; this application was transferred to Ekabe International, SCA (hereinafter Ekabe) on 30 August 2004. The coloured figurative trade-mark fo


Regulatory Obstacles to the International Trade of Health Foods The Role of the Law and its Limitations – The Example of EU Law journal article

Nicole Coutrelis

European Food and Feed Law Review, Volume 1 (2006), Issue 4, Page 13

I. General principles of law: Free trade v/ protection of public health in the European Union When free circulation of products is considered to be the ultimate goal, while for many reasons, laws and regulations regarding product specifications do differ among Member States, there are two ways to achieve that goal: – Either decide that, despite their differences, the products must nevertheless circulate, i.e. be admitted in every Member State, wh

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