Publication details
Ochrana obchodního jména a její projevy ve známkoprávní reformě EU
| Title in English | The Trade Name Protection and its Impacts on the EU Trademark Reform |
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| Authors | |
| Year of publication | 2019 |
| Type | Monograph |
| MU Faculty or unit | |
| Citation | |
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| Description | With the amendment to the Commercial Code which became effective from 1 January 2001, the term “trade name” in Section 8 has been replaced by the term “corporate name/business firm/” and the application scope of this provision has been narrowed. From these days, the right to a corporate name agreed only with entrepreneurs registered in the Commercial Register; the unregistered entrepreneurs lost the protection under that provision. Unfortunately, the existing Civil Code also adopted this legislation. But how can entrepreneurs, if they do not have a right to a corporate name, can claim protection of a designation under which they do business (business name)? Does this protection also agree with foreign entrepreneurs? The answers to these and other questions are analyzed in detail and their impact in practice is demonstrated on a specific model case. Since the right to the trade name of an entrepreneur is often in collision with the right to the trademark of another person, the second part of the book also deals with a relationship of these two rights. The book clearly describes what possibilities and means of protection the entrepreneur has to prevent his right to a business name before an infringement during individual phases of the trademark existence. Moreover, the work also mentions cases arising from the case law of the Court of Justice of the European Union, when an entrepreneur, when using his business name on the market, may interfere with the rights of another person to his trademark. Conclusions on the possibilities of protecting an entrepreneur's rights to his trade name are also discussed in the context of the amendment to the Trade Mark Act effective from January 2019, including a critical reflection of the changes brought about. |