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A comparison of national trade mark with Community trade mark
Kovářová, Alice ; Horáček, Vít (advisor) ; Pelikán, Robert (referee)
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...
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A comparison of national trade mark with Community trade mark
Kovářová, Alice ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
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...
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A comparison of national trade mark with Community trade mark
Kovářová, Alice ; Horáček, Vít (advisor) ; Pelikán, Robert (referee)
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...
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A comparison of national trade mark with Community trade mark
Kovářová, Alice ; Horáček, Vít (advisor) ; Pelikán, Robert (referee)
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...
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