Publication details
Vztah a limity používání obchodního jména a ochranné známky v judikatuře SDEU
| Title in English | Relationship and limits of use of a trade name and a trademark in the CJEU case law |
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| Authors | |
| Year of publication | 2018 |
| Type | Appeared in Conference without Proceedings |
| Citation | |
| Description | Trade name is a designation of each entrepreneur under which he or she operates. Most often it is known as a firm name. In some cases, an entrepreneur using his or her trade name to designate his or her products and services may come into conflict with another's trademark. Can the entrepreneur use his or her trade name in this manner? Where are limits for using a trade name and a trademark? Does the bearer of a trade name be protected in these cases or not? The paper is focused on an analysis of a key decisions of the Court of Justice of the European Union dealing with the relationship of a trademark and a trade name. It is based on a division of the mentioned rights as a subject and an object designation, their functions and the resulting limits for their use in practice. The paper will define the terms, the relationship and limits of the use of a trade name and a trademark, and a comparison of the findings with the case law of the Czech courts. |