An alias as a trademark Cover Image

Pseudonim jako znak towarowy
An alias as a trademark

Author(s): Joanna Buchalska
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: intellectual property law; civil law; trademark; alias; personal rights

Summary/Abstract: An article presents an studies of possibilities to register an alias as a trademark. The analyses of the doctrine and cases of Polish and European jurisprudence rise the following conclusions. Firstly, there is no special regulations which allows registrations alias as a trademark. As the consequence that’s the jurisprudencia who creates their own regulations. Secondly, we can observe insinuation of two legal systems – protecting the personal rights in civil law and trademarks. This can be problematic cos the jurisdiction of the court. Thirdly, the alias can also become distinctive per se which in consequence allowed to protect them as the surname as a trademarks in some circumstances. As far, we need to take in consideration the process of commercialization of this kind of personal rights which gives them the economic value.

  • Issue Year: 26/2016
  • Issue No: 1
  • Page Range: 7-26
  • Page Count: 20
  • Language: Polish