| Abstract [eng] |
The limitations of trade mark owner's rights are the exceptions of the owner’s rights that prevent the proprietor of registered trade mark to prohibit a third party from using the mark, even if it is identical or confusingly similar to the registered one. The action of a third party, using his own name, address, indications concerning characteristics of goods or services and the trade mark where it is necessary to indicate the intended purpose of a product or service, is allowed if the use is in the course of trade and in accordance with honest practices in industrial or commercial matters. Comparative advertising is permitted when four conditions are satisfied. Limitation in consequence of acquiescence is orientated to the proprietor of an earlier trade mark and his ability to use his rights, if the proprietor has acquiesced, for a period of five successive years, in the use of a later trade mark while being aware of such use. Although all these limitations are established both the national and the European Union level, but in none of these acts are detalized. The lack of the definition of the essential terms used by the current regulation and lack of clear boundaries of the limitations, make them very difficult to use. For this reason the reforms in trade mark law are highly expected. |
