<abstract xmlns="http://www.w3.org/1999/xhtml"><p>The EU trademark law has recorded the important changes in the last years. The Community trademark in the past and the EU trademark at the present have become very popular legal measures not only in the EU Member States but also in the third countries. Its preferences are increasing year to year. The EU trademark may consist of a sign that fulfils two main attributes. Firstly, there is a distinctive character. Secondly, there is a capability of being represented on the Register of the EU trademarks. The second attribute is new and replaced the previous attribute - capability of being represented graphically. The interpretation of the above mentioned attributes is not possible without the judgements of the Court of Justice of the European Union. It is necessary to take into account the kind of trademark, list of the goods and services, which should be signed by the trademark, and its perception by the public. The paper includes the main judgements of the Court of Justice of the European Union related to the interpretation of the sign that may be registered as the EU trademark. They are very helpful in the application practice of the European Union Intellectual Property Office and the national offices of the intellectual property as well.</p></abstract>

The EU trademark law has recorded the important changes in the last years. The Community trademark in the past and the EU trademark at the present have become very popular legal measures not only in the EU Member States but also in the third countries. Its preferences are increasing year to year. The EU trademark may consist of a sign that fulfils two main attributes. Firstly, there is a distinctive character. Secondly, there is a capability of being represented on the Register of the EU trademarks. The second attribute is new and replaced the previous attribute - capability of being represented graphically. The interpretation of the above mentioned attributes is not possible without the judgements of the Court of Justice of the European Union. It is necessary to take into account the kind of trademark, list of the goods and services, which should be signed by the trademark, and its perception by the public. The paper includes the main judgements of the Court of Justice of the European Union related to the interpretation of the sign that may be registered as the EU trademark. They are very helpful in the application practice of the European Union Intellectual Property Office and the national offices of the intellectual property as well.

The Notion of the European Union Trademark

EU agrarian Law

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

{"article-title":"The Notion of the European Union Trademark"}

The EU trademark law has recorded the important changes in the last years. The Community trademark in the past and the EU trademark at the present have become...

The Notion of the European Union Trademark

Published Online: Aug 02, 2019

Page range: 21 - 31

DOI: https://doi.org/10.2478/eual-2019-0004

Keywords
EU trademark, goods and services, right for priority, EUIPO, national trademark

© 2019 Jarmila Lazíková, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

The Notion of the European Union Trademark

Published Online: Aug 02, 2019

Page range: 21 - 31

DOI: https://doi.org/10.2478/eual-2019-0004

KeywordsEU trademark, goods and services, right for priority, EUIPO, national trademark

© 2019 Jarmila Lazíková, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Keywords
EU trademark, goods and services, right for priority, EUIPO, national trademark