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- Title
THE SCOPE OF TRADE MARK AS A SUBJECTIVE RIGHT IN THE EUROPEAN UNION LAW.
- Authors
Petrović, Vukašin
- 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.
- Subjects
TRADEMARKS; COURT of Justice of the European Union; FACTOR analysis
- Publication
TEME: Casopis za Društvene Nauke, 2017, Vol 41, Issue 1, p193
- ISSN
0353-7919
- Publication type
Article
- DOI
10.22190/TEME1701193P