This thesis analyzes the contemporary case law of European courts regarding Community trade mark. The thesis is composed of five chapters. First chapter characterizes Community trade mark as a legal instrument of the law of the European Union. Second chapter analyzes relevant sources of law. Third chapter deals with institutions that are crucial mainly for the registration and protection of Community trade marks. Then the fourth chapter describes the registration process before the Office for Harmonization in the Internal Market. First part of this chapter focuses on the formalities of an application of the Community trade mark filed at the Office. Second part is concerned with the right of priority. Third part looks at absolute grounds for refusal of an application. Fourth part refers to relative grounds for refusal. Finally, the fifth part describes the grounds for revocation of the rights of the Community trade mark. At last the fifth chapter examines the contemporary legal background of the system of protecting the rights of proprietors of Community trade marks. The results of this thesis shows that the current legislation and the case law of European courts contribute to the functioning of the common market and mainly to free movement of goods by reasonable determination of limits for...

61\dokument1\23 December 2011 Abstract The purpose of this thesis is to outline the legal institution of trade marks in the current positive law - i.e. de lege lata, to introduce the rights and obligations granted and imposed by this legislation and to portray the actual usage of these in economic competition, with focus on their enforcement by suit of law in case of the infringement of these rights and obligations by third parties (most commonly competitors). This thesis contains direct citations and certain acquired professional opinions, the source of each of which is denoted in an appended footnote. The first chapter of this thesis is a theoretical introduction, comprising of the definition of trade marks, the national, community and international legal regulation of trade marks and a brief history of trademarks. The second chapter of this thesis is a description of the registration procedure, which is a precondition for the creation of the right to legal protection of trade marks, including the protection against unlawfully registered trade marks. The third chapter, which is the core of this thesis, discusses the uses and functions of trade marks, especially their uses in economic competition, their utility from the consumer's perspective and their impact on the market economy. This chapter also...

The purpose of this thesis is to outline the legal institution of trade marks in the current positive law - i.e. de lege lata, to introduce the rights and obligations granted and imposed by this legal regulation and to portray the actual usage of these in economic competition, with focus on their enforcement by suit of law in case of the infringement of these rights and obligations by third parties (most commonly competitors). This thesis contains direct citations and certain acquired professional opinions, the source of each of which is denoted in an appended footnote. The first chapter of this thesis is a theoretical introduction, comprising of the definition of trade marks, the national, community and international legal regulation of trade marks and a brief history of trademarks. The second chapter discusses the functions of trade marks, especially their uses in economic competition, their utility from the consumer's perspective and their impact on the market economy. The third chapter of this thesis includes a description of the registration procedure, which is a precondition for the creation of the right to legal protection of trade marks, an enumeration of the particular rights and obligations of persons (namely the owner of a trade mark and third parties) and a description of certain...

Resumé Protection of Three-Dimensional Trade Marks and Designs The aim of this work was to examine the registration requirements of three- dimensional trade marks and designs, to compare the rights and protection conferred by each of these forms of intellectual property and to observe the interaction of trade mark and design when their subject matter is identical or similar. First part of this work focuses on the questions regarding the registration requirements of the three-dimensional trade marks. The work looks closely on what constitutes a sign and which absolute grounds for refusal of registration are mostly employed when dealing with the three-dimensional trade marks. Furthermore this work looks at exclusion of registration of certain types of shapes, on the requirement of good faith when applying for trade mark registration and briefly at the average consumer. The landmark cases cited in this part of the work are Dyson v Registrar of Trade Marks, Philips v Remington, Henkel v OHIM, Lego v OHIM and Lindt v Franz Hauswirth. Second part of this work looks at the definition of design and its relationship to product itself. It also looks at the background of design protection and closely at the registration requirements of designs, namely the novelty requirement, the individual character and exclusion of...

The aim of this thesis is to examine trademarks and the possibilities of their application and use in the context of business competition. Trademarks are used widely in business and form part of an important and independent branch of the law. The thesis is divided into seven chapters. The first deals with the inclusion of trademark law into the broader area of intellectual property law. The following chapter describes the concepts of trademarks and legal sources. The law of trademarks is divided into a three level jurisdictional system - international, European and domestic law. The chapter also discusses the division of trademarks and describes their function. The conclusion of the chapter is devoted to the reasons for the refusal of registration of trademarks - namely absolute and relative. The third chapter focuses on the ways how trademark law is established. The establishment of trademarks is fundamentally based on the principle of registration. The exception is well known trademarks, which enjoy legal protection despite not being registered. The chapter is divided into three parts dealing with the registration procedure at the domestic, European and international level. In contrast, the fourth chapter contains circumstances under which trademarks lapse and are no longer in effect. The...

This thesis deals with analysis of consumer attitudes to various types of stores. Its goal is to determine these attitudes and define the various segments of consumers who go shopping in those stores. Further to recommend an appropriate marketing strategy on the basis of the obtained results. The thesis is dividend into two parts. The first theoretical part prepares a theoretical basis for the second part, which is own research on consumer attitudes in Pilsen and environs. The first part of the theoretical basis defines the different types of stores. They differ in many characteristics and their combinations. The second part deals with the attitudes. It includes definitions of attitudes, defines their components, determines the attributes and functions, their formation and possibilities of change. The third section focuses on the segmentation. What segmentation is, how it is done and what is its aim. The fourth section describes the various ways of marketing communications and defines its goal. It also deals with psychological reasons for buying and own trade mark. In the second practical part I achieve own market research, whose goal is analysis of attitudes of pilsener consumers to the various types of stores.

The thesis focuses on the intangible assets, particularly valuation of trademarks. The theoretical part deals with definition of intagible assets and tradenark. In next part is shown legislative issues of trademark and methods of vauation. Practical part includes the valuation of trademarks and application of described methods in a concrete example.

<p>Article 15(1) of the Community Trade Mark Regulation states that the Community Trade Mark holder has to put the mark into genuine use in the Community within five years from registration. Even though the regulation does not deal with the extent of use necessary, the Joint Statements uphold that genuine use within one country is enough. However, recent case law from national offices have ruled in the opposite direction, resulting in legal uncertainty concerning how much use that is needed. The courts claimed that use within merely one Member State is not use in a substantial part of the Community and therefore not genuine.This paper shows that it is not satisfactory to define genuine use in the Community by way of analogy to the term substantial part of the territory. The latter derives from the test of reputation concerning a different case entirely. Instead, most indicators point towards a market-oriented approach where national frontiers do not matter. Focus should be on the extent of use being made compared to the market concerned in the entire EU. A case-by-case assessment is required, where all relevant circumstances are taken into consideration.</p>

Article 15(1) of the Community Trade Mark Regulation states that the Community Trade Mark holder has to put the mark into genuine use in the Community within five years from registration. Even though the regulation does not deal with the extent of use necessary, the Joint Statements uphold that genuine use within one country is enough. However, recent case law from national offices have ruled in the opposite direction, resulting in legal uncertainty concerning how much use that is needed. The courts claimed that use within merely one Member State is not use in a substantial part of the Community and therefore not genuine.This paper shows that it is not satisfactory to define genuine use in the Community by way of analogy to the term substantial part of the territory. The latter derives from the test of reputation concerning a different case entirely. Instead, most indicators point towards a market-oriented approach where national frontiers do not matter. Focus should be on the extent of use being made compared to the market concerned in the entire EU. A case-by-case assessment is required, where all relevant circumstances are taken into consideration.

Šio magistro baigiamojo darbo tema – pramoninės nuosavybės apsaugos internete problematika. Pagrindinės darbe naudotos sąvokos – pramoninė nuosavybė, internetas, domeno vardas, tiesioginis naudojimas, alternatyvūs ginčų sprendimo būdai, sui generis procedūra. Magistro baigiamojo darbo santraukoje trumpai apžvelgiamas nagrinėjamos temos aktualumas, užsibrėžti tikslai, tyrimo rezultatai bei išvados. Nagrinėjama tema ypatingai aktuali sparčiai besiplėtojant internetui, kuomet tradicinė pramoninės nuosavybės teisė ne visuomet atitinka aktualijas. Informacijos, perduodamos internetu, kiekiai pastoviai auga, tuo pačiu auga ir ginčų, kylančių dėl pramoninės nuosavybės pažeidimų internete, skaičius. Šiuo darbu siekta išanalizuoti pramoninės nuosavybės apsaugos internete problematiką. Nagrinėjant temą apžvelgtas pramoninės nuosavybės reglamentavimas, išanalizuoti pagrindiniai pramoninės nuosavybės pažeidimų internete atvejai bei teisių priešpriešos, taip pat išnagrinėti ir įvertinti perspektyvūs ginčų, kylančių dėl pramoninės nuosavybės naudojimo internete, sprendimo būdai. Darbe išanalizuoti tarptautiniai ir nacionaliniai teisės aktai, reglamentuojantys pramoninės nuosavybės registravimą bei apsaugą, Lietuvos Aukščiausiojo teismo praktika, užsienio valstybių teismų praktika, Pasaulinės intelektinės nuosavybės organizacijos Arbitražo ir mediacijos centro ginčų sprendimų praktika ir rekomendacijos, Interneto korporacijos paskirtiems vardams ir numeriams bei NOMINET ginčų sprendimo... [to full text] / Industrial property on internet – subject of master’s final work. Industrial property, internet, domain name, direct usage, alternative dispute resolution means as well as sui generis procedure – main terms used in this work. Subject relevance, set tasks, research results and conclusions reviewed in master’s final work summary. Traditional industrial property law was out of keeping to rapid development of internet so analyzed subject was particularly topical. Amount of information transmitted over internet grew up constantly and quantity of industrial property infringements on internet arose up accordingly. Master’s final work aimed for analysis of issues related to industrial property on internet. Industrial property regulation reviewed, leading infringements and antitheses on industrial property on internet studied and promising resolution means on disputes of industrial property usage on internet analyzed and evaluated as well. National and international legal regulations on industrial property registration and protection, practice of Supreme Court of Lithuania, practice of foreign states courts, practice and guidelines of dispute resolution of World Intellectual Property Organization Arbitration and Mediation Center and Internet Corporation for Assigned Names and Numbers as well as NOMINET dispute resolution regulations, Lithuanian and foreign law doctrine studied. Traditional industrial property law not always is able to protect infringed industrial property owner’s... [to full text]