Legal aspects of trademarks protection before civil courts
The evolution of trademark law, from the time of the earliest trademark laws till today, is characterized by a continuous effort by courts and legal literature to extend the civil protection provided to trademarks. These efforts resulted in supplementing the legal concept of ‘likelihood of confusion...
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| Format: | Article |
| Language: | English |
| Published: |
Institute of International Politics and Economics, Belgrade
2004-01-01
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| Series: | Međunarodni Problemi |
| Online Access: | http://www.doiserbia.nb.rs/img/doi/0025-8555/2004/0025-85550404370C.pdf |
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| Summary: | The evolution of trademark law, from the time of the earliest trademark laws till today, is characterized by a continuous effort by courts and legal literature to extend the civil protection provided to trademarks. These efforts resulted in supplementing the legal concept of ‘likelihood of confusion’ with the concepts of ‘likelihood of association’, ‘unfair resemblance’ and ‘dilution’. This conceptual expansion is readily explained by the increasing significance of the advertising and informational functions of the trademark which is evident in contemporary economy; it is also explained by the inadequacy of the concept of "likelihood of confusion" and the "indication of origin" function to provide sufficient legal protection to trademarks. |
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| ISSN: | 0025-8555 |