Κατεύθυνση Ιδιωτικό Δίκαιο και Εμπορικές Συναλλαγές
Library of the School of Law

2024-12-09

2024

Allagianni Christina

1. Chrissanthis V. Christos, Associate Professor, School of Law, National and Kapodistrian university of Athens
2. Venieris Iakovos, School of Law, Associate Professor, National and Kapodistrian university of Athens
3. Kinini Efthymia, Associate Professor, School of Law, National and Kapodistrian university of Athens

Proof of use in trademark law

English

Proof of use in trademark law

The dissertation examines the concept of genuine use in trademark law, exploring its legislative purpose, legal framework, defining characteristics, procedural considerations, and exceptions for non-use. It highlights the objectives of trademark legislation, such as preventing over-registration, ensuring market accessibility, and fostering economic efficiency. The legal framework is analyzed through international agreements like the Paris Convention and TRIPS, EU legislation including primary and secondary laws, and national regulations. Genuine use is dissected across dimensions of place, time, extent, nature, and relevance to goods or services, addressing specific issues like online use, altered forms of trademarks, and their application in secondary markets. Procedural aspects focus on evidence and proof of use requirements, while the irrelevance of unlawful use and justifiable non-use (e.g., business risks, government actions, or force majeure) are also discussed. This comprehensive study emphasizes the balance between protecting legitimate trademark rights and discouraging misuse.

Law and Legislation

Commercial Law

proof of use, genuine use, trademarks

No

0

Yes

193

71

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https://pergamos.lib.uoa.gr/uoa/dl/object/3446306