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Cancellation and invalidity of a European trade mark
Rohlena, Jan ; Svoboda, Pavel (advisor) ; Pítra, Vladimír (referee)
Revocation and Invalidity of European Trade Mark Revocation and invalidity of European trade mark, more precisely termed as Community trade mark (hereinafter as "CTM"), is a specific field of trade mark law of the European Union. It is Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark which forms a legal basis in this regard. The practice of the Office for Harmonization in the Internal Market and especially the jurisprudence of the Court of Justice of the European Union play very significant role in this area. The practice of the Office for Harmonization in the Internal Market and the jurisprudence of the Court of Justice of the European Union regarding Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks is also relevant for the revocation and invalidity of CTM as this Directive provides for the revocation and invalidity of national trade marks in similar manner. The aim of this thesis is to analyse the nature of revocation and invalidity of CTM and individual grounds for revocation and invalidity as well as selected related issues, e.g. of procedural nature. This thesis is divided into four chapters. First chapter briefly introduces the institute of CTM and trade...
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European trade mark in the case law of European courts
Cabák, David ; Zemánek, Jiří (advisor) ; Svobodová, Magdaléna (referee)
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...
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The Community Trademark - grounds for refusal
Pokorná, Kateřina ; Dobřichovský, Tomáš (advisor) ; Růžička, Michal (referee)
The purpose of this rigorous thesis is to explore the absolute and relative grounds for refusal of registration of the Community trademark. The paper deals with the basic principles of the Community trademark including the description of the registration process. The paper further describes each of the absolute and relative grounds for refusal of application and analyses the decisions of the Court of Justice of the European Union concerning the individual grounds.
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Cancellation and invalidity of a European trade mark
Rohlena, Jan ; Svoboda, Pavel (advisor) ; Pítra, Vladimír (referee)
Revocation and Invalidity of European Trade Mark Revocation and invalidity of European trade mark, more precisely termed as Community trade mark (hereinafter as "CTM"), is a specific field of trade mark law of the European Union. It is Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark which forms a legal basis in this regard. The practice of the Office for Harmonization in the Internal Market and especially the jurisprudence of the Court of Justice of the European Union play very significant role in this area. The practice of the Office for Harmonization in the Internal Market and the jurisprudence of the Court of Justice of the European Union regarding Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks is also relevant for the revocation and invalidity of CTM as this Directive provides for the revocation and invalidity of national trade marks in similar manner. The aim of this thesis is to analyse the nature of revocation and invalidity of CTM and individual grounds for revocation and invalidity as well as selected related issues, e.g. of procedural nature. This thesis is divided into four chapters. First chapter briefly introduces the institute of CTM and trade...
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European trade mark in the case law of European courts
Cabák, David ; Zemánek, Jiří (advisor) ; Svobodová, Magdaléna (referee)
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...
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Trademarks and their territorial limits
Žižková, Kristýna ; Dobiáš, Petr (advisor) ; Růžička, Květoslav (referee)
1 Abstract Trademarks and their territorial limits The purpose of my thesis is to analyze the ways that are used for overcoming territorial limits of trademarks, to point out the pros and cons of these methods. Likewise, I'd like to point out the fact that the various systems of trademarks - national and international systems and system of Community trade mark are interconnected and they complete each other. Therefore, it is necessary to focus on the quality of national legislation, to match the European Union standards and international standards, as well. I chose this topic, because the issue of trademarks is in my opinion very interesting, I like the fact that they can connect designers and businessmen, I am fascinated by their overlap into the art sphere, too. The topic of marks is very broad and quite specific, for understandable reasons it cannot be given so much time within the subjects taught at the Faculty. Also this was one of the reasons I chose this topic. My work is divided into six major thematic units, together there are 25 chapters, some of them are further divided into subchapters and sections. In the first part, which corresponds to the first and the second chapter, I try to out the trademarks as an institution in a wider context of intellectual property rights and industrial property...
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Grounds for refusal of Community trade mark applications in decisions of the Court of Justice of the European Union
Vondráková, Michaela ; Svoboda, Pavel (advisor) ; Pítra, Vladimír (referee)
This rigorosum thesis deals with grounds for refusal of Community trade mark applications in decisions of the Court of Justice of the European Union. It focuses on both branches of the trade mark case law of the European Union, namely actions filed with the General Court against decisions of OHIM (and subsequent decisions of the Court of Justice on appeals) based on Council Regulation (EC) No. 207/2009 on the Community trade mark of 26 February 2009 and questions referred for a preliminary ruling by national courts of the EU Member States based on Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks. The paper deals with the basic principles of the Community trade mark, including a brief description of the registration of trade marks and legal remedies. For the sake of completeness the influence of case law of the Court of Justice of the European Union on the decision-making practice of Czech courts and statistical data on Community trade marks are also provided. Further the author describes the absolute grounds for refusal of applications, giving special attention to non-traditional trade marks (such as sound mark, olfactory marks and colour per se). Further the author describes each of four...
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Comunity trade mark and its relation to a national trade mark
Cafourková, Tereza ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
Resumé Le but de ce mémoire était en particulier de dépeindre la coéxistence de la marque nationale - tchèque et de la marque communautaire et de comparer la reglémentation pertinente. Il sagit de sujet actuel car la quantité de marques déposées enregistrées au niveau européen aussi bien que dans la République tchèque augmente grandement en même façon que de litiges connexes. Avec la coéxistence de ces deux types de marques sur le territoire de la République tchèque il apparaît quelques problémes particuliérs. Le mémoire essaie d'identifier ces problémes et différences de vue de la législation, mais aussi de vue de l'approche pratique. Le mémoire a été divisé en sept chapitres. L'introduction est suivi par les deux chapitres qui parlent des questions générales des marques nationales et aprés des marques communautaires - de la réglementation, l'histoire et l'enregistrement de ces marques. Le troisième chapitre est consacré aux marques en général et les autres signes distinctifs. Le cœur de ce memoire se trouve dans les chapitres quatre et cinq. Le quatrième chapitre remarque les liens entre les deux systèmes de la protection des marques. Il s'agit des instituts spéciaux créés par la legislation européene pendant la procèdure de l'harmonisation de la protection de la propriété industrielle. Ensuite le...
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