The Dynamics of the European Trademark Law
Due to Europeanisation of trademark law, the dynamic development of this area of law and the vaguely formulated EU trademark legislation, the Court of Justice is a key player in the EU law making process and development of the average consumer.
First, this chapter analyses harmonisation through EU trademark legislation and through the UCPD (adjacent to European trademark law). Second, the role of the CJEU as a lawmaker, e.g. through preliminary and appellate decisions of the Court of Justice, the interpretation by the Court of Justice of legal sources and the role of the opinions of the Advocates General.
This chapter concludes that part of the uncertainty in the decisions of the Court of Justice is their lacking clear ratios decidendi, the decisions being shortly reasoned and leaving out dissenting judgements. Further, that the Court of Justice opens up for normative preferences through its means of interpretation. Finally, that opinions of Advocates General contribute to developing the average consumer and European trademark law and policy.