| Abstract [eng] |
This thesis examines the theoretical and practical specificities of the application of the conditions for the maintenance of a trademark registration and the defence measure - the requirement of genuine use of the trademark. The first part of the work provides a detailed overview of the provisions of the international, European Union and national legal framework relating to the requirement of use of a trade mark. It discusses the procedures relevant to the application of this requirement and the legal consequences of non-use. It is noted that the burden of proving genuine use of a trade mark can only arise in the event of a dispute. In addition, it reviews the main principles for assessing genuine use and the particularities of proof. It is underlined that the standard for assessing genuine use of a trade mark is that of a genuine use assessment. The second part of the thesis analyses extensively the criteria used to examine the use of a trade mark: the nature of the use, the extent of the use, the use in relation to registered goods and services, the image of the mark used, the territory of use. The application of this requirement in cases heard by Lithuanian courts of higher instance is revealed on the basis of the rules for assessing genuine use of a trade mark established by the European Union courts. The Master's thesis concludes that genuine use of a trade mark can only be regarded as use which is related to the use of the trade mark in accordance with its main function, i.e. to ensure the identity of the origin of the goods or services, in order to create or preserve a market for them. It is noted that the use of a trade mark which is considered sufficient to prove genuine use depends on the particularities of the market in question and must be assessed on a case-by-case basis. Therefore, use of a trade mark is deemed to constitute genuine use only where the proprietor of the trade mark proves the aforementioned aspects justifying the use of the trade mark for its essential purpose. |
