| Abstract [eng] |
In this paper the instances of trade mark declaration of invalidity on the basis of earlier unregistered rights are examined. In each part of this paper an individual ground of trade mark invalidity is analyzed. The focus is on the analysis of the issues of individual grounds, the assessment of current scope of protection and proposal of appropriate solutions. In parts of this paper discussing person's right to a name and image, the criteria of „being known to public“ and its application is analyzed. Whereas, in parts of this paper, which refer to the non-registered trade marks and non-registered geographical indications, the focus is on the scope of protection of these rights and the need to broaden that protection. In the part on a non-registered Community design, the most important question is whether the protection of non-registered Community designs gives the right to contest an identical or confusingly similar trade mark. The main analysis of legal sources is devoted to significant case law of ECJ and highest courts of Lithuania. This paper also analyzes the most important works of Lithuanian and foreign legal scholars relevant to each ground of trade mark invalidity. The aim is to base the analysis of this paper on the widest possible range of sources. Summarizing the analysis, conclusions are drawn on the uniqueness of grounds for trade mark invalidity discussed in this paper and the scope of protection of these rights. Also, proposals are presented, the implementation of which should improve the protection of the interests of the holders of earlier non-registered rights. In the conclusions, analysis based answers to the questions raised in this paper are presented. |
