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The distinguishing role of trademark
Volek, David ; Růžička, Michal (advisor) ; Dobřichovský, Tomáš (referee)
The Distinctive Function of Trademark Abstract The main aim of this thesis is to define the trademark, the functions it performs, and thoroughly analyse the distinctive function, especially its manifestations in law and decision- making practice. In addition to scientific literature, it is based on decisions of the Industrial Property Office, EUIPO and the Court of Justice of the European Union in particular. The introductory part is devoted to the trademark as a right to a sign, focusing on its history, definition and basic principles. In order to better understand trademark law, it also briefly defines other rights to signs. The second chapter deals with the various functions of the trademark, namely the distinctive, prohibitive, competitive, assuring and promotional functions. The third part is focused on distinctive character, especially its relation to distinctive function and the difference between inherent and acquired distinctive character. It also categorizes signs according to the degree of distinctive character and analyzes the impact of use on the distinctive character of a trademark, namely enhanced distinctiveness, good reputation and general renown, and their demonstration in opposition proceedings. The fourth chapter deals with the legal regulation of refusal to register a trademark due to...
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Non-conventional signs and trade marks
Uhrinová, Zuzana ; Patěk, Daniel (advisor) ; Horáček, Vít (referee)
(Eng) The submitted master's thesis discusses non-conventional signs and trade marks, which have grown in significance, especially from the perspective of marketing, traders and law, as was demonstrated by the recent amendments of the European trade mark law. The main aim of this thesis is to identify the particularities of non-conventional signs and obstacles to their registration from the perspective of the selected jurisdictions and consequently, to evaluate the reasons and justifications of the countries' approach. After a historical overview of trade mark functions and the development of law in the studied jurisdictions, the thesis is concerned with outlining the theoretical legal basis of trade mark protection in the European Union, Canada, Australia and the United States of America. The main focus of the thesis lies in the specific effects of the law on the individual types of non-conventional signs and trade marks, with a particular emphasis on the decisions of offices and courts, especially the Court of Justice of the European Union. The analysis includes sounds, scents, shapes and colours, as well as motion marks, holograms, position marks and tactile signs. The main part of the thesis is subdivided into several sections in order to grasp the particularities and singularities of each type...
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