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Trademark - grounds for refusion
Pflanzer, Alice ; Dobřichovský, Tomáš (referee)
Trade mark - grounds for refusal The aim of this rigorous thesis is to provide a legal analysis and interpretation of the grounds for rejecting protection for a national trademark, focusing on the decision-making practice of the Industrial Property Office (ÚPV), the Czech court decision-making practice and the case law of the Court of Justice of the EU. For comparison, the grounds for rejecting protection under the European trademark system is presented in the introduction of each sub- chapter analysing the individual grounds for rejecting protection under the Trademark Act. The method used when writing the rigorous thesis involved studying written sources, that being professional literature, articles or commentaries to laws, with an emphasis on administrative court decision-making practice in the field of grounds for rejecting trademark protection and their subsequent interpretation. The rigorous thesis is divided into five chapters. The opening two are preparatory chapters. These chapters are focused on a historical excursion into trademark law in the Czech territory, with an emphasis on developing the reasons for rejecting protection over time. To a large extent, the rigorous thesis' preparatory part also focuses on the major amendment made by Act No. 286/2018 Coll., which substantially changed...
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Distinctive character of trademarks and related institutes in the light of European Union law
Brunclíková, Lenka ; Dobřichovský, Tomáš (advisor) ; Holcová, Irena (referee)
1 Distinctive character of trademarks and related institutes in the light of European Union law Abstract The topic of this rigorous thesis is Distinctive character of trademarks and related institutes in the light of European Union law. Trademarks have become an indispensable aspect in commercial relations. Every successful entrepreneur should invest in and protect his goods or services by means of trademarks. Trademarks are a very effective tool that can provide information that enables consumers to make informed choices about the products and services that are protected by trademarks. However, in order for a trademark to be registered and thus provide the required protection, it must have sufficient distinctive character to enable it to distinguish the goods or services of one entity from those of another. The aim of this thesis is to analyze the legal issues relating to the distinctive character of trademarks and related topics, in particular from the perspective of European Union law. In order to meet this objective, the thesis is divided into four parts. The first part deals with the historical development of trademarks, from the ancient period through the first international agreements to the EU regulation. The second and main part analyses the distinctiveness of a trademark, explaining the difference...
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The relationship between rights of designation and unfair competition law
Krása, Jakub ; Růžička, Michal (advisor) ; Dobřichovský, Tomáš (referee)
Relationship between rights of designation and unfair competition law Abstract This diploma thesis discusses the relationship between the rights of designation and the law of unfair competition. The main objective of the thesis is to acquaint its reader with the issue of both systems of protection and to answer the question of whether there is any relationship between them; if so, how to define the established relationship. The topic of this thesis is mainly processed from the perspective of the Czech legal order, but it is also complemented in appropriate cases with the connection to the foreign regulation of selected European states. This thesis is divided into three chapters, which are further divided into subchapters. In the first chapter, the author deals with the rights of designation. First, the group of rights of designation is placed within the system of intellectual property law. Subsequently, a list of specific rights that belong to this group is created, based on the described characteristics. However, the author also points to different opinions of legal theory regarding the content of the term rights of designation, which leads to distinction between the rights of designation in the strict and the broad sense. The following subchapters deal with the issue of trademarks, designations of origin...
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Legal regulation of franchising with respect to intellectual property protection aspects
Michalcová, Lenka ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
Legal regulation of franchising with respect to intellectual property protection aspects The aim of the submitted thesis is to analyse the phenomenon of franchising as an instrument of commercialisation of intellectual property rights, assessment of the importance of these rights to existence and functioning of the system, instruments of its protection as well as the dynamics of the relationship between the franchisor and the franchisees in relation to these rights. The work consists of four topical sections. The first one is focused on franchising in general terms. It emphasises the internal differentiation of the phenomenon and presents the basic types of franchise systems, we might come across. Subsequently it strives for theoretical definition of the term by means of comparison. The second section of the work is devoted to the term of intellectual property. This chapter is introduced by a brief classification of the rights subordinated to the term which is followed by a discussion on significance of these rights to franchise systems. Subsequently is the focal point moved to the issues of trademark law and know-how protection, which are, in my opinion, from the franchising standpoint crucial. The third section of the work deals with trademarks, without aspiring on comprehensiveness of the...
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The domain names and its protection with aspect to the trade mark
Chalupová, Tereza ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
One of the legal issues, which brought by the development of information and communication technologies, is also the issue of domain names. With the development of the Internet, many human activities moved into the electronic world, including business activities. Presentation of the business through a website has become an indispensable means of competition. Domain names became a significant asset with regard to its secondary function. Therefore it was necessary to provide legal protection for domain names.Legal system of the Czech Republic does not contain specific legal act of domain names. This thesis deals with the issue of domain names. The object of this thesis is the definition of a domain name from a legal terms, the rights to domain names and registration of domain names. This thesis is limited to domain names, which are registrated in ccTLD .cz. The second part discusses the relationship between domain names and trademarks. In relation to the trademark rights the domain name has dual status. Registration of a sign as a domain name can occur the rights of trademarks. The trademark is one of the most effective means of protection for domain names. It is possible providing protection of domain names with registration in the register of trademarks.The owner of the domain name then has the same rights...
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Trademarks and Their Practical Application on Business Competition
Vodičková, Tereza ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
I have chosen this topic because of my deep interest in the intellectual property rights and trademark issues especially. I consider trademarks one of the essential parts of the contemporary private law system, although it is very complicated to decide whether it pertains to the commercial law branch or to the civil law. Trademarks have connection to both the branches, but its legal provisions are highly specific and independent. The contemporary popularity of trademarks grows rapidly thanks to its major usability in practical life. Trademarks are irreplaceable, especially when there is a need to distinct between identical or similar goods and services that are offered by different producers or providers and are useful also, when there is a need to represent goods and services on the market. The trademarks can also be licensed, contractually transferred to other legal entity or can be the object of a deposit. The usability of the trademarks can be found also in their use as an immaterial investment in a company. I have chosen the trademarks topic because of its high practicality and because of creativity and originality of this legal branch. This thesis attempts to describe and analyze the trademark issues comprehensively focusing on the present legal regulation of this discipline. The thesis is...
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The relationship between trade mark protection and copyright protection under Czech law
Jurášová, Monika ; Dobřichovský, Tomáš (advisor) ; Císařová, Zuzana (referee)
Resume A relationship between trademark protection and copyright protection under the czech law Both trademarks and copyrights are imovable articles and are parts of intellectual property. A Trademark is stated in the Trademark Code n. 441/2003 as a mark which is used to identify products or services produced by one person (an individual or a legal entity) and distinguish them from products and services produced by another one so that consumers are able to recognize the origin of the products or services. According to the law the mark is a name, word, phrase, logo, symbol, color, design, image, or a combination of these elements, it must be created in graphic form perceptible objectively. The mark must be distinctive, original and it must have a relationship with a product or service. A mark complying with all the above mentioned conditions can be registered at the particular Trademark office and subsequently obtain a trademark certification and protection. A Copyright is protected under the Copyright Law n. 121/2000 as a creative and artistic work created by author's intellectual activity and expressed in a form objectively perceptible. The author has exclusive rights to his work. The rights are divided into exclusive personal and exclusive economy rights. In particular he has a right to be presented as...
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Trade Marks and Their Practical Use in Economic Competition
Vančura, Jan ; Horáček, Vít (advisor) ; Plíva, Stanislav (referee)
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...
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Trade Marks and Their Practical Use in Economic Competition
Vančura, Jan ; Horáček, Vít (advisor) ; Plíva, Stanislav (referee)
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...
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