Disponible uniquement sur Etudier
  • Pages : 4 (761 mots )
  • Téléchargement(s) : 0
  • Publié le : 8 avril 2011
Lire le document complet
Aperçu du document

A trademark, identified by the symbols ™ (not yet registered) and ® (registered), is a distinctive sign or indicator used by an individual, business organization or otherlegal entity to identify that the products and/or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of otherentities. A trademark is a type of intellectual property, and typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventionaltrademarks comprising marks which do not fall into these standard categories.
The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorizeduse of that trademark. However, registration is not required. The owner of a common law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area withinwhich it has been used or in geographical areas into which it may be reasonably expected to expand.
Trademarks in the Czech law
As for the Czech legislation, the trademark shall be registeredaccording to the § 2 of The Trademark act (441/2003 Sb.). The expiration of the trademark is regulated in the § 31 of the same act, whereas five reasons for the expiration are specified. Therefore we cansay that trademark, as type of property, can be disposed solely by an owner and very few restrictions are set to regulate the will of the owner. One of the reason to restrict disposal of the trademarkis the fact that owner has stopped to exercise his rights connected with the trademark for the period longer than five years. In that case, authorized body can abort validity of trademark.
Trademarksin the Community Law

To describe the European community law, respectively a specific area which deals with trademarks, we need to go to the Council Regulation (EC) No 40/94 of 20 December 1993...