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The Notion of the European Union Trademark Cover

The Notion of the European Union Trademark

Open Access
|Aug 2019

Abstract

The EU trademark law has recorded the important changes in the last years. The Community trademark in the past and the EU trademark at the present have become very popular legal measures not only in the EU Member States but also in the third countries. Its preferences are increasing year to year. The EU trademark may consist of a sign that fulfils two main attributes. Firstly, there is a distinctive character. Secondly, there is a capability of being represented on the Register of the EU trademarks. The second attribute is new and replaced the previous attribute - capability of being represented graphically. The interpretation of the above mentioned attributes is not possible without the judgements of the Court of Justice of the European Union. It is necessary to take into account the kind of trademark, list of the goods and services, which should be signed by the trademark, and its perception by the public. The paper includes the main judgements of the Court of Justice of the European Union related to the interpretation of the sign that may be registered as the EU trademark. They are very helpful in the application practice of the European Union Intellectual Property Office and the national offices of the intellectual property as well.

DOI: https://doi.org/10.2478/eual-2019-0004 | Journal eISSN: 1339-9276 | Journal ISSN: 1338-6891
Language: English
Page range: 21 - 31
Published on: Aug 2, 2019
Published by: Slovak University of Agriculture in Nitra
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2019 Jarmila Lazíková, published by Slovak University of Agriculture in Nitra
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.