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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Bibliographic Details
Main Author: Chrissanthis Christos S.
Format: Article
Language:English
Published: Institute of International Politics and Economics, Belgrade 2004-01-01
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.
ISSN:0025-8555