| Abstract [eng] |
SUMMARY Establishment of Identity and Similarity of Trade Marks in the Case Law of the European Court of Justice and Lithuanian Courts This master thesis is dedicated to analyze case law of the European Court of Justice and Lithuanian courts, with the aim to identify criteria significant for establishment of identity and similarity of trade marks, conditions for application of those criteria as well as influence upon evaluation of the general impression created by trade marks. In addition, attention is drawn to theoretical and practical problem issues in establishment of identity and similarity of trade marks and suggestions on their solution are made. In the first part, a list of condensed references is made to laws pertinent to the identity and similarity of trade marks. The second part reveals the concept of identity of trade marks and judgment of identity of trade marks in the case law of the former Court of First Instance, currently the General Court, and the European Court of Justice, supplemented by additional illustrations from the practice of the OHIM, in attempt of painting the full picture of the identity issue. The third part of the thesis focuses on the discussion of the similarity of trade marks and analysis of criteria for establishment of similarity of trade marks. Herein the analysis of case law of the European Court of Justice and Lithuanian courts has been carried out based on general criteria of similarity of trade marks: distinguishing and dominating elements, visual, phonetic and conceptual comparison of signs. The thesis ends with an independent discussion of peculiarities in establishing similarity of non-traditional trade marks. |
