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Trademark registrability
Tkadlec, Petr ; Dobřichovský, Tomáš (advisor) ; Holcová, Irena (referee)
The purpose of this thesis, entitled Trademark registrability, is to provide a general overview of otherwise extensive issue of trademark registrability, in particular the legal regulation contained in the Trademarks Act after the entry into force of the Big novelization Trademarks Act. This thesis consists of eleven chapters in total, with each chapter focusing on a different aspect of trademark law in relation to the topic of the thesis. The content of the first chapter is an introduction to the historical development of trademark law from the period of the emergence of civilisations to the modern concept of trademarks as we know it today and the integration of this institution into the intellectual property rights of which it is a part. The second chapter deals with the very concept of trademark, in particular what a tradmark is and what kind of sign is eligible to be a trademark, or what requirements are placed for such signs. The chapter further divides trademarks into two main categories, the traditional trademarks, which are trademarks capable of graphical representation, and non-traditional trademarks, where the requirement of graphical representation has been waived. The third chapter describes conditions under which the registration protection is granted to trademarks in Czech Republic in...
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Grounds for Refusal of Registration of Trade Marks under Czech Law
Poupě, Pavel ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
The purpose of my thesis is to provide general requirements for the registrability of trademarks and to analyse particular grounds for refusal of registration of trademarks according to czech law. The thesis is composed of four main chapters, each of them dealing with different aspects of czech trademark law. Chapter One outlines brief history of the very first legislation dealing with trademarks and their registrability until recent days. Chapter Two is introductory and defines basic terminology used in the thesis and also presents categories of trademarks. The chapter is subdivided into five parts. Part One deals wiht national trademarks, part Two focuses on international trademarks, part Three deals with well-known trademarks. The last part presents the Nice clasification established by the Nice Agreement. Chapter Three provides an outline of all absolute grounds for refusal of registration of trademarks under the czech law. The chapter concentrates on particular absolute grounds; the chapter is subdivided into ten parts, each of them dealing with one particular absolute ground. The chapter also illustrates the approach to decision-making by trial courts and practice of competent authorities. Chapter Four concentrates on all relative grounds for refusal of registration of trademarks under czech...
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Rights to sign in Czech positive law
Macháčková, Jana ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
and keywords The purpose of the thesis is to analyse the legal regulation and the system of registration of rights to signs, which are most commonly used on national as well as international markets, i.e. rights to a trademark, appellation of origin and a geographical indication. The aim of this thesis therefore includs definition of the registration system of the mentioned rights to sign with reference to their specifications, the registration ability conditions (taking into consideration the decision practise of the Industrial Property Office), as well as the different character of protection of their owners. Significant attention is also paid to the system of legal protection of the rights to sign with respect to the fact, that there exists the national, international and Communitary system of protection of these rights. The beginning of the thesis describes the structure of rights to sign, the corresponding specification of concept of intellectual and industrial property rights and it characterises the subject of industrial property rights with respect to the legal regulation, the conception of legal protection of industrial property rights and conditions of grant of protection. The introductory text deals with the general exposition to rights to sign and mainly to historical circumstances of...
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Obstacles in registration of trade-marks in Czech and European decisions
Dzjubaková, Marta ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
The purpose of this thesis is to provide comprehensive overview of the obstacles of eligibility for registration of trademarks and analysis of various barriers through the practice of Czech and European courts and also the Industrial Property Office. The basis of the work was to focus on the theoretical level and supplemented and analysis of decision-making practice. Based on ananalysis of key decisions and other can be summarized that the legislation marks reached a significant level. If a person is considering the registration of new trademarks, or an extension of an existing one, it has sufficient amount of relevant information and can avoid fatal errors, that result would be a loss of protection of trademarks or failure to protect the new mark. The work consists of three main chapters. The first chapter is a historical excursion in to legislative developments trademarks and obstacles of eligibility for registration of trademarks. The second chapter defines the basic concepts and categories of the Czech Republic and the European Union. At the conclusion summarizes the advantages of the current approach to assessing eligibility barriers Intellectual Property Office and the estimate of assessing eligibility for registration of trademarks in particular in relation to new types of marks. The third...
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Grounds for Refusal of Registration of Trade Marks under Czech Law
Poupě, Pavel ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
The purpose of my thesis is to provide general requirements for the registrability of trademarks and to analyse particular grounds for refusal of registration of trademarks according to czech law. The thesis is composed of four main chapters, each of them dealing with different aspects of czech trademark law. Chapter One outlines brief history of the very first legislation dealing with trademarks and their registrability until recent days. Chapter Two is introductory and defines basic terminology used in the thesis and also presents categories of trademarks. The chapter is subdivided into five parts. Part One deals wiht national trademarks, part Two focuses on international trademarks, part Three deals with well-known trademarks. The last part presents the Nice clasification established by the Nice Agreement. Chapter Three provides an outline of all absolute grounds for refusal of registration of trademarks under the czech law. The chapter concentrates on particular absolute grounds; the chapter is subdivided into ten parts, each of them dealing with one particular absolute ground. The chapter also illustrates the approach to decision-making by trial courts and practice of competent authorities. Chapter Four concentrates on all relative grounds for refusal of registration of trademarks under czech...
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Rights to sign in Czech positive law
Macháčková, Jana ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
and keywords The purpose of the thesis is to analyse the legal regulation and the system of registration of rights to signs, which are most commonly used on national as well as international markets, i.e. rights to a trademark, appellation of origin and a geographical indication. The aim of this thesis therefore includs definition of the registration system of the mentioned rights to sign with reference to their specifications, the registration ability conditions (taking into consideration the decision practise of the Industrial Property Office), as well as the different character of protection of their owners. Significant attention is also paid to the system of legal protection of the rights to sign with respect to the fact, that there exists the national, international and Communitary system of protection of these rights. The beginning of the thesis describes the structure of rights to sign, the corresponding specification of concept of intellectual and industrial property rights and it characterises the subject of industrial property rights with respect to the legal regulation, the conception of legal protection of industrial property rights and conditions of grant of protection. The introductory text deals with the general exposition to rights to sign and mainly to historical circumstances of...
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