| Abstract [eng] |
As already indicated by the title, this master thesis provides the analysis of public order and morality as grounds of refusal to register a Community trade mark. The thesis consists of two parts, the first of which presents various concepts and theories concerning the terms “public order” and “morality”, cohesion between these two terms, and the relationship between law and morals, as well as evaluates the relationship between the protection of public order and morality and the freedom of expression. The second section focuses on the practise of international, European Union and national authorities examining cases regarding refusal to register a mark contrary to public order and morality. Furthermore, in the final part of the paper the author reveals the main guidelines and criteria for trade mark examination. The purpose of this study is to reveal the diversity of concepts of public order and morality and the dependence of their content on many factors, as well as to evaluate the relationship between the protection of public order and morality and the freedom of expression, and to determine the main guidelines and criteria for trademark examination. Thus, by achieving these goals, the thesis provides theoretical arguments backed up by case law and case study. Finally, it is concluded that the definition of public order and morality is relative and depends on many factors, such as political system and social order, legal tradition, customs, religion, civilization and cultural level, current events in the country, public opinion, social and spiritual environment; and the main guidelines and criteria for trade mark examination are summarized. |
