ZDVIHALOVÁ, Martina. Rozlišovací způsobilost ochranných známek : individuální, kolektivní a certifikační ochranné známky
1st ed. Prague: Metropolitan University Prague Press, 2017. ISBN 978-80-87956-36-6
The monograph deals with the distinctiveness institute for especially non-verbal trademarks, or applied sign, in the Czech Republic and abroad, including collective and certification trademarks.
The key aim of the present monograph is to provide a comprehensive legal analysis of the relevant provisions of the Czech Republic Trademark Act, European Union legislation, and the United States Trademark Act, the so-called Lanham Act, which explicitly or implicitly involve the institute of the trade marks distinctiveness, and their resulting comparison. The main emphasis is also placed on legal analysis, interpretation and comparison of the decision-making practice of the Czech Republic and European Union administrative and judicial authorities in the monitored area. It will be also discussed the trademarks reform of the European Union in the interpreted field.
The monograph also includes a definition of "likelihood of confusion" trademark, which is based on the principal distinguishing trademark function, or the interpretation of the trademark distinctiveness institute. The present monograph simultaneously subsumes the interpretation of the assessing the trademarks likelihood of confusion principles, with a detailed focus on individual aspects of the assessments which are supplemented by examples of its application in practice. The monograph also highlights the influence of the European Parliament and Council approximation directive to amend trademark law in the Slovak Republic.
The monograph also defines the collective and certification trademark institute, as special kinds of trademarks that differ from "normal" trademarks, especially when it comes to their basic function and purpose. The present monograph, mainly due to the international trade globalization, at the same time deals with the legal status of collective and certification trademarks on the territory of the Czech Republic, Slovak Republic, European Union, UK, US, Australia and Japan, as the important countries in terms of world trade.
Methodology of the monograph is based on the study of sources, monographs and articles, as well as administrative and judicial decision-making practice in the analysed field. At the same time it is progressed through the method of legislation and case law interpretation. Based on a synthesis of theoretical knowledge and knowledge abstracted from case law conclusions of the presented monograph will be formulated.
