Resumé A comparison of national Trade mark with Community Trade mark. The purpose of thesis is to provide fundamental information about trademarks and their legal regulation. The reason why I decided to write a research about trademarks is that they are one of the most popular and widely used method of labeling products and services. Indisputable advantage of European union Trade mark is that the registration is not need for national Trade mark. Another advantage of European legislation of Trademarks is automatic and free dissemination of the accession of the new member states. Despite the fact that national trademark law is fully in compliance with European legislation, not all questions are completely identical. In thesis I would like to show influence on the czech national Trade marks after European union accession. I focus on the practice of the The Court of Justice of the European Union which has of capital importance on decision making practice of the Czech Courts. In the thesis I focus on the amendment of European union trade mark through regulation European Parliament and Council (EU) 2015/2424. There are some changes in three areas: institutional, produceral and changes in the level of charges. This regulation is step forward in the development of trade marks. This regulation provides for...

The thesis considers the scope of trade mark protection against the context of paid search marketing. The hypothesis is that ‘fair and efficient competition’ is at the heart of the balance between interested parties and between trade mark protection and between free speech. This introduces the concept of a 'virtuous cycle' in the application of trade mark law. this thesis suggests that fair and efficient competition should be the ultimate purpose of trade mark law. The concept can be furthered by protecting pro-competitive trade mark functions: the intra trade mark information function and the inter-trademark differentiation function. Thus, only where third party use third party use is likely to harm the information and differentiation functions of owners' trade marks user could be liable. In a democratic society, there is anadditional consideration:thebalance between trade mark protection and free speech. Where third parties use trade marks in non-commercial contexts, likelihood of confusion or dilution should be the result ofactual malice or calculated falsehood. These two considerations are tested against the real world context of paid search marketing. Based on the protection of pro-competitive trade mark functions and speech restriction standards, and the relevance of actual and direct context and circumstances of paid search marketing, advertisers can be liable for their use of trade marks even when they do not include trade marks in their advertisements. Search engines, however,are not responsible for their use ‘under current practices,’ whether or not trade marks are included in advertisements. The thesis supports that trade mark law and jurisprudence should transform the cycle that starts with the balance of interests and end with fair and efficient competition into a virtuous spiralwhere one feeds the other; the two are inextricably linked.

RESUMÉ A comparison of national trade mark with Community trade mark. The purpose of my thesis is to compare legislation of national trade mark with leagislation community trade mark. I would like to show influence on the czech national trade mark after European union accession. In my thesis I focus on the amendment of European union trade mark through regulation European Parliament and Council (EU) 2015/2424. There are the most important changes in three areas: institutional, procedural and changes in the level of charges. This regulation is step forward in the development of trade marks. Thie regulation provides for simplification of the registration process. My thesis is composed of six chapters plus introduction and conclusion. In the first chapter I discuss about concept of trade mark. It is about meaning trade marks on market share, about function, types of trade marks. About differences between concepts sign and trade mark and about well know trade marks. In the second chapter I focus on historical development national trade marks. This development is in our territory very lengthy. This chapter is about historical development of community trade mark also. Chapter three is about legislation national of trade mark in Czech republic. About legislation, characteristic, categories of trade mark, about...

A comparison of national trade mark with Community trade mark The purpose of this thesis is to provide fundamental information about trademarks and their legal regulation. In my thesis I focus on the decision making practice of the ÚVP, the European Union Intellectual Property Office and I attempt to compare their argumentation at decision making practice. In order to compare the decision making of the two offices I decided, because their legislations are very similar and their comparison would not be of great significance. Following the amendment by regulation no. 2424/2015 there have been some changes such as abolition of the necessity a graphical representation, the introduction of the so-called certification trade mark or the explicitly anchoring of the sound as a sign of a capable label. After the novella in the thesis I analyzed the decisions of the two authorities in the matters of assessing the registrability of the signs applied for. I have focused on the two absolute grounds for declaring incapability, namely the descriptiveness of the sign referred to in § 4 letter c) of the Act, respectively Article 7 subsection 1 letter (c) of the Regulation and the generality of the marking referred to in § 4 letter d) of the Act, respectively Article 7 subsection 1 letter d) of the Regulation. Each...

At the beginning of my thesis, I try to explain the conception of intangible assets in general, its definition and evaluation process. Thesis is focused on trade mark, mostly on ways of its evaluation used in practice. These methods are aplied concretely on Viceroy trade mark

This dissertation theses addresses the phenomenon of the unregistered mark for goods and services in accordance with trade mark law of the Czech Republic, while taking into consideration the given scope of EU law and its comparison with the legal protection of applied trade marks in the framework of the "passing-off" doctrine of the legal systems of the United Kingdom of Great Britain and Northern Ireland. While the subject of trade marks has already been thoroughly established in juristic theory and has also become commonplace in legal practice, the institute of the unregistered trade mark has not yet to be comprehensively examined, and as such it presents significant difficulties in applied practice, as it bears no solid legal foundation, and in the context of the regulations of trade mark law it is always possible to identify specific special entitlements arising from the existence or application of unregistered trade marks, whereas the nature of their verbal formulations and systematic classification presents difficulties in the interpretation and application of such entitlements. The basis for this reasoning is namely the historical evolution of the phenomenon of the unregistered mark in trade mark law in Austrian, respectively in subsequent Cisleithania, and its reception and evolvement within Czechoslovak law as the legal predecessor to the Czech Republic. The goal of the research presented herein is to identify answers to the underlying theoretical questions concerning unregistered marks of fundamental significance to applied practice, and in so far as they concern the nature of the unregistered mark as perceived by trade mark law and its definitional attributes, terms of origin, duration, and expiration of unregistered marks, or more precisely as they concern rights to them, as well as the terms and scope of disposition with unregistered marks, namely in so far as they in turn relate to transfer or conversion and the grant of license or other temporary right of use. Subsequently, the establishment of answers to the aforementioned questions addresses the problem of the absence of an explicit legal principle to the phenomenon of the unregistered mark and the interpretation difficulties offered in the poorly formulated laws and subsequent fluctuations in legal practice. This problem is examined within the legal setting of the Czech Republic as a democratic nation with a market economy, in which holds true the classic legal rudiment of "that which is not prohibited by law is permitted", and in which hold true the fundamental and indefeasible rights of man, a component of which is the right to freely pursue economic activities and possess property within a framework of restrictions favouring the preservation of the rights of others as set forth by the law.

The aim of this work is to provide fundamental information about trademarks and their legal regulation. This topic, very interesting nowadays, also have a potention of great importance in a close future. Following this, trademarks are very dynamically developing institute.

The Community Trade Mark in Comparison with the National Trade Mark - Focused on the Unitary Character of the Community Trade Mark and the Absolute Grounds of Refusal Abstract The Community Trade Mark system has existed since 1994 when the Community Trade Mark Regulation No. 40/94/EC was adopted. Even though the European system is younger than the national trade mark systems, one cannot say that it is a less successful system - particularly according to the number of registered Community Trademarks. The regulation of trademarks is very complex and for this reason I have decided to focus only on one part of the regulation, namely the unitary character, which represents a special characteristic of a Community Trade Mark - and further on the absolute grounds of refusal and their comparison in European and Czech trade mark law. The two systems for the registration of trademarks show considerable resemblance; however, one shall find differences, e.g. an integration of bad faith as one of the absolute grounds of refusal appearing only in the national system. The purpose of my thesis is to compare the two systems of trademarks - the Community level and the National level, and to provide readers with clear guidance regarding the general rules applicable within the registration. I will do this through an analysis...

Pastaruoju metu galima pastebėti tendencingą prekių ženklo reikšmės didėjimą tiek vietinėje, tiek regioninėje, tiek ir tarptautinėje prekyboje, todėl kiekvienas prekių ženklo savininkas yra skatinamas skirti vis didesnį dėmesį tinkamam savo prekių ženklo valdymui bei apsaugai. Bendrijos prekių ženklo apsaugos sistema suteikia registruotam prekių ženklui apsaugą visoje Europos Sąjungos teritorijoje. Žymeniui, galinčiam tapti prekių ženklu ir naudotis Bendrijos prekių ženklo sistemos garantuojama apsauga, yra keliami gana aukšti grafinės išraiškos ir skiriamojo pobūdžio reikalavimai. Šie reikalavimai yra tenkinamai, jei žymens grafinė išraiška yra aiški, apibrėžta, išbaigta, lengvai prieinama, suprantama, ilgalaikė ir objektyvi, o žymens skiriamasis pobūdis leidžia aiškiai identifikuoti prekių ar paslaugų kilmę. / Recently it is possible to notice the tendentious increase of trade mark’s importance in local, regional and international market, therefore every trade mark proprietor shall be motivated to pay more and more attention to proper management and protection of their trade mark. Community Trade Mark’s Protection System provides the protection for the registered trade mark within the entirely territory of the European Union. Sign, capable of being a trade mark and using the guaranteed protection of the Community Trade Mark Protection System, shall follow the high requirements of graphical representation and distinctiveness. These requirements are fulfilled provided that the graphical representation is clear, precise, self-contained, easily accessible, intelligible and objective, where the distinctiveness of the sign allows clearly identify the origin of goods and services. Community Trade Mark proprietors may be every natural or legal person, including authorities established under public law. The rights of Community Trade Mark proprietor may be divided into the following main groups: (1) exclusive rights; and (2) ownership rights to the trade mark. The exclusive rights of the proprietor allows to prohibit all third parties without the permission of the proprietor from using in the course of trade the sign, which is identical or similar to the Community Trade Mark and which may confuse a consumer. When providing the proprietor of the trade mark with the respective rights, it is... [to full text]

Traditional trade marks, such as words and figures, have for a long time constituted of visual signs. However, due to the evolution of modern technology and changing marketing methods, non-traditional trade marks have been increasing in todays highly competitive market.1 Consequently, the evolution created legal uncertainties in the European Union (EU) since in order to register a trade mark, it had to be represented graphically. This requirement was difficult to achieve for some non-traditional trade marks which were perceived through other sensed than the sight. On the 1 October 2017, requirement for graphical representation has been amended in the EU Trade Mark Regulation 2017/10012 by a technical neutral requirement which opens up possibilities for registration of European Union trade marks in a more suitable way, using generally available technology. The purpose of this thesis has been to analyse how the abolition of graphical representation and the new wider requirement will affect the registration of non-traditional trade marks in the EU. Signs which have been analysed in the frame of this thesis are: sound, olfactory, three-dimensional, colour, motion, multimedia, holograms, pattern, tactile and taste marks. Conclusively, I found that the technical neutral registration requirement has opened up possibilities for trade mark holders to register new types of marks like multimedia marks. Moreover, it has simplified the registration process for already accepted non-traditional trade marks such as hologram, motion and sound marks. However, the reform has hardly affected the registration process of colour, pattern and three-dimensional marks since their biggest challenge with the registration have been the requirement for distinctiveness. Furthermore, it is currently still not possible to register olfactory, tactile and taste marks. Though the new and flexible amendments indicate that those types of marks may be more easily registered in the future.