The Scope of Trade Mark as a Subjective Right in the European Union Law Cover Image

The Scope of Trade Mark as a Subjective Right in the European Union Law
The Scope of Trade Mark as a Subjective Right in the European Union Law

Author(s): Vukašin Petrović
Subject(s): EU-Accession / EU-DEvelopment, EU-Legislation
Published by: Универзитет у Нишу
Keywords: the scope of trade mark; the concept of likelihood of confusion; the similarity of goods and services; the similarity of signs; the global appreciation of the likelihood of confusion

Summary/Abstract: In this paper, we analyze the appropriate regulatory framework of the European Union which is related to the issue of the scope of trade mark, i.e. its application in practice, through appropriate judgements of the Court of Justice of the European Union. More particularly, the focus of the analysis is on the factors on the basis of which the scope of trade mark as a subjective right is determined, i.e. the limits of protection acquired by the concrete trade mark. In that sense, this paper will aim to provide a detailed view of, primarily, the concept of likelihood of confusion which represents the key element for determining the scope of trade mark as a subjective right, through the view of the individual elements from which it consists, i.e. on the basis of which the existence of the mentioned likelihood is determined in each concrete case.

  • Issue Year: XLI/2017
  • Issue No: 1
  • Page Range: 193-208
  • Page Count: 16
  • Language: English