| Abstract [eng] |
Non-conventional Marks in Trade Mark Law This paper concentrates on the legal and practical issues concerning special marks in the trademark law. A non-conventional trademark, also known as a nontraditional trademark, is any new type of trademark which does not belong to a pre-existing, conventional category of trademark, and which is often difficult to register, but which may nevertheless fulfil the essential trademark function of uniquely identifying the commercial origin of products or services. It was sought in this paper to find the borderline between protectable and unprotectable special marks, discuss the solutions to the controversial issues of specific unusual marks. There are also some general remarks together with comments on the scope, purpose and methodology of this paper. International conventions affecting trade marks in general and special marks in particular are also discussed. The attention was mainly paid to the European Community legal and practical instruments on trademarks as well as the main contents of the Community trademark. Non-conventional mark is a relatively recent novelty in Community regulations and not all prior national legislation recognizes it. Under many national laws, it is not possible to register a colour, sound, smell, taste, motion or other similar type of mark. Therefore, the businessperson who wishes to protect himself against the confusing use of such signs on the market must often place his trust in the residual safeguard offered by laws on unfair competition, passing off, copyright, or design, if and when these are applicable. |
