Apart from a few exceptions, the practical relevance of non-conventional trademarks is therefore (still) relatively low
📌 3 Key Takeaways
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Objective & Hypothesis:Non-conventional trademarks are protected under the same prerequisites applicable to traditional forms of trademarks both by the trademark law of the European Union as well as by harmonized national laws of the Member States.
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Key Findings & Data:However, the relevant public often does not understand non-conventional forms as protectable trademarks.
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Conclusion & Impact:Apart from a few exceptions, the practical relevance of non-conventional trademarks is therefore (still) relatively low
🔬Design:Research Article
📍Scope:Comprehensive Sample
⚙️Variables:Domain Parameters
Abstract
Non-conventional trademarks are protected under the same prerequisites applicable to traditional forms of trademarks both by the trademark law of the European Union as well as by harmonized national laws of the Member States. However, the relevant public often does not understand non-conventional forms as protectable trademarks. Then the trademark may be accepted for registration only on the basis of acquired distinctiveness. Once trademark protection has emerged the scope of protection of the trademark is usually limited. Apart from a few exceptions, the practical relevance of non-conventional trademarks is therefore (still) relatively low
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Cite This Article
EICHELBERGER, J. (2015). APPLE STORE, STEIFF-TEDDYBÄREN, SPARKASSEN-ROT UND GELBE WÖRTERBÜCHER - SCHUTZVORAUSSETZUNGEN UND SCHUTZUMFANG BEI NICHTKONVENTIONELLEN MARKENFORMEN. Ticaret ve Fikri Mülkiyet Hukuku Dergisi, Cilt: 1 - Sayı: 1, 75–78. https://ajindex.com/articles/361469