After briefly examining the history of trade marks and establishing the theoretical framework of trade mark functions, an analysis from the perspective of semiotics is conducted, viewing the trade mark as a sign. This analysis serves as a tool for the suggestions and conclusions drawn in relation to the role of trade mark law today. The issues of trade mark registration, use and protection are examined, as main facets of the trade mark functions. An analysis of the legal provisions, legal doctrine and case law on trade mark registration and use in Greece, before and after the entry into force of the First Council Directive on the Harmonisation of trade mark laws in Europe 89/104/EEC is undertaken, so as to denote the effect of the European harmonisation on these issues. The Court of Justice case law is examined, in juxtaposition to the Greek case law on the respective implementing provisions. The similarities and differences are noted and analysed. Throughout, examples from a common law jurisdiction, namely the UK, are taken into account. The issues of risk of confusion and dilution are analytically examined at a national (Greek) and European level. In comparison to the Court of Justice jurisprudence, the national legal framework and case law of Greece on these issues is analysed. Examples from other European jurisdictions are taken into account. The theory of dilution in the context of the European trade mark framework is further analysed against developments in the USA. The controversial doctrine of trade mark dilution, introduced by Fr. I. Schechter, is of primary interest in the course of the thesis and suggestions are made for a new perspective of the theory. The controversial doctrine of Schechter is seen, in view of the above, under a new light.

As already indicated by the title, this paper concentrates on the legal and practical issues concerning special marks in the European Community. The author analyses, which criteria are applicable for nontraditional signs, which can be registered as trademarks and therefore be protected by national, international and regional (European Union) law. In the first part of a paper the description of a sign which can be trademark according to Lithuanian an European Community law is given. In the second part of the paper international agreements regarding trademark protection are presented. In the same part a two level European Community trademark protection system and basic regulations is analysed. In the third part two basic requirements for the sign to be a trademark are analysed: graphic representation and distinctiveness. In this part European Justice Court and First Instance Court decisions regarding nontraditional trademarks are presented. Case study is split according to major nontraditional sign groups. The evolution and tendency of nontaditional trademarks is also shortly presented in the last part of a paper. Recommendations for further study are proposed after the conclusions.

Doctor Legum - LLD / The need to harmonise laws in Africa has grown in importance in view of the envisaged African common market. Economic integration cannot flourish without an effective regional legal framework. There is fragmentation in trade mark protection in Africa as evidenced by the existing two sub-regional organisations namely, the African Regional Intellectual Property Organisation (ARIPO) and the Organisation Africaine de la Propriété Intellectuelle (OAPI). The absence of a single regional legal framework has resulted in African countries not having a coherent strategy for advancing their common interests in regional and multilateral negotiations. African countries have acceded to agreements which do not reflect their interests such as Agreement on Trade-Related Aspects of Intellectual Property (TRIPS). African countries have also been signing Regional Trade Agreements (RTAs) which contain higher intellectual property protection standards than the minimum standards prescribed by TRIPS. The purpose of this study is to formulate a proposal for the integration of trade mark laws in Africa, with a view to strengthening the regional legal framework. A consolidated regional position, based on an integrated legal framework, will strengthen Africa’s participation in negotiations. This will in turn ensure greater regard for, and better protection of, Africa’s interests and concerns. Trade mark laws are important as they can hinder or promote trade. Harmonised trade mark laws will create legal and commercial certainty as well as predictability, which is crucial for the promotion of trade and foreign direct investment. The central argument advanced is that the areas of convergence in the laws under study and in the way the laws are interpreted can form the basis for the harmonisation of Africa’s trade mark laws.

Résumé Trademarks The topic of my diploma thesis is trademarks. The purpose of this work is to discuss the fundamental issues concerning trademarks including types of trademarks especially non- traditional ones, trademark registration application procedure in the Czech Republic and other related topics. A trademark is a designation which serves to differentiate products or services on the market. The purpose of a trademark is to distinguish goods and services of one producer from those of another. This designation helps consumers to find goods and services and to select the product that they want. Trademarks therefore become an integral part of our lives. Trademarks in the Czech Republic are governed by Act No. 441/2003 Coll., on Trademarks, Regulation No. 97/2004 Coll., concerning implementation of the Trademark Act and the protection of trademarks is ensured by Act No. 221/2006 Coll., on Enforcement of Industrial Property Rights. A trademark can only be a designation which can be graphically represented and which is capable of distinguishing products or services for which it is protected from other identical products or services on the market. A trademark therefore cannot exist on its own, but always in connection with certain products or services which it designates. An applicant submits a trademark...

On the 6 of October 2009 the European Court of Justice came with a preliminary ruling in the PAGO case concerning the geographical extent for a Community Trade Mark with reputation within the European Community. The judgment has given rise to a lot of questions. The fact that the ECJ, the Advocate General and Lawyers have different opi-nions on the geographical extent and on the outcome of the case creating big discus-sions on the topic of the necessity of Community Trade Marks. This has given rise to the purpose of this thesis which is to investigate the requirement for having a reputation in the Community according to Art 9.1 (c) CTMR, and analyze the legal consequences and possible threats to the Community Trade Mark system and proprietors of trade marks after the judgment of the PAGO case. This investigation has shown that there are four possible consequences for the CTM system after the judgement. Small countries, such as Luxembourg, are now might seen as a substantial part of the Community, PAGO is now protected within the European Community even in those countries where no one has heard about the brand, companies can obtain injunction in a country without proving reputation there and companies can put all their marketing effort into one country and thereby get protection in the whole Community. The outcome of this case is positive for proprietors of CTMs since it makes it easier for them to gain protection against other actors on the market. The biggest threat for the CTM system is the fact that unclear terms and judgements dis-rupt the Countries within the Community and destroys the harmonization, which the TMD, CTMR and the CTM is trying to build up.

Pursuant to the European legislation it is required to use a registered trade mark genuinely. However, it does not directly follow from that legislation what exactly does the term “genuine use” represents. Finding of the proper meaning of the concept of genuine use requires profound analysis of the case-law of the CJEU which has made many comments to this issue in dozens of its decisions. Since these decisions usually deal with different specific questions relating to the concept of genuine use, the relevant case-law seems fragmented. However, putting these decisions together, it is possible to get fairly clear idea about the concept and what it requires. Therefore, this thesis provides its reader with a complex description and analysis of the concept of genuine use within the EU and its interpretation as presented by the CJEU. Besides, the thesis clarifies certain procedural aspects connected with the concept of genuine use, namely these related to proving of genuineness of a use of a trade mark and also these related to utilization of the concept of genuine use in various trade mark proceedings. Finally, the thesis analyses the relationship between the concept of genuine use and trade mark licenses.

Conditions for trade marks registration History of trade marks Restrictions for trade marks registration

Non-visual trade marks represent a relatively new phenomenon in the field of trade marks, through which entrepreneurs try to differentiate their goods or services in an original way from the goods or services of their competitors. These include four types of non-traditional trade marks, which as such cannot be perceived visually, but through human senses other than sight: sound, olfactory, taste and tactile trade marks. Although these non-visual trade marks may face many barriers to registration, the thesis, because of its limited scope, focuses on the criterion of representation on a trade mark register, as this requirement raises specific issues due to their non-visual nature. The aim of the thesis is therefore to assess non-visual trade marks in terms of their capability to be adequately represented on a trade mark register in the EU. The thesis is divided into 3 chapters. The first chapter focuses on the definition of non- visual trade marks, their purpose, functions and also defining features, especially on the requirement for representation of trade marks on a trade mark register. The second chapter first deals with the development of international efforts to partially harmonize the requirements for representation of non-visual trade marks and subsequently with the genesis of legislation at...

This thesis investigates the role of prior use in common and statutory trade mark law. In the United States a pertinent requirement is priority of use. In the United Kingdom and South Africa, a reputation must be present. In the United Kingdom a plaintiff is required to have goodwill in the country, but in the United States and South Africa it is not required. The conception of a mark does not qualify for protection. It is not required that a business must have actually entered the market. In the United States the general approach is that a plaintiff will not receive protection in a remote area, but regard must be had to zones of natural expansion. British and South African law is the same, and protection may be obtained in areas where there is no trading. Where a dual reputation exists, neither party will be able to act against the other. The mere fact that the user of a mark was aware of the use thereof by another person, does not exclude protection. A trade mark application can be opposed on the basis of another application, combined with use of a mark, or on the ground of prior use. In some instances the fact that a mark has been filed will influence the burden of proof. In general, a registration can be expunged on the same grounds as would constitute grounds of opposition. The concurrent use of a mark can form the basis for the registration of a mark. In the United States, the use must have taken place prior to the filing date of the other party, but in the United Kingdom and South Africa, prior to the own filing date. In the latter two countries, knowledge of a mark is not necessarily exclusionary. Prior use is generally accepted as a defence to an infringement action. It is, however, noted that in various countries, it is only use prior to the relevant date that will be protected, and there is not necessarily a right to extend the scope of use concerned. / Mercantile Law / LL.D. (Mercantile Law)

This thesis investigates the role of prior use in common and statutory trade mark law. In the United States a pertinent requirement is priority of use. In the United Kingdom and South Africa, a reputation must be present. In the United Kingdom a plaintiff is required to have goodwill in the country, but in the United States and South Africa it is not required. The conception of a mark does not qualify for protection. It is not required that a business must have actually entered the market. In the United States the general approach is that a plaintiff will not receive protection in a remote area, but regard must be had to zones of natural expansion. British and South African law is the same, and protection may be obtained in areas where there is no trading. Where a dual reputation exists, neither party will be able to act against the other. The mere fact that the user of a mark was aware of the use thereof by another person, does not exclude protection. A trade mark application can be opposed on the basis of another application, combined with use of a mark, or on the ground of prior use. In some instances the fact that a mark has been filed will influence the burden of proof. In general, a registration can be expunged on the same grounds as would constitute grounds of opposition. The concurrent use of a mark can form the basis for the registration of a mark. In the United States, the use must have taken place prior to the filing date of the other party, but in the United Kingdom and South Africa, prior to the own filing date. In the latter two countries, knowledge of a mark is not necessarily exclusionary. Prior use is generally accepted as a defence to an infringement action. It is, however, noted that in various countries, it is only use prior to the relevant date that will be protected, and there is not necessarily a right to extend the scope of use concerned. / Mercantile Law / LL.D. (Mercantile Law)