Review article
https://doi.org/10.47960/2303-7431.18.30.2023.54
REGULATION (EU) 2017/1001 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 14 JUNE 2017 ON THE EUROPEAN UNION TRADE MARK
Gabrijela Zrno
; University of Mostar, Faculty of Law
Abstract
After the establishment of the European Economic Community, national intellectual property rights, that were based on the principle of territoriality, became an obstacle to the free movement of goods and services and fair market competition. In order to eliminate the problems of the existence of the same or similar trade marks in member states that existed independently of each other, as well as the division of the internal market, in the 1990s the European Commission made proposals for the harmonization of trade mark rights, that is, the intellectual property at the level of the European Community. Upon the establishment of the single internal market by the Treaty of Maastricht, the Community’s trademark has been established as a supranational right by the European Council’s Regulation (EC) No. 40/94 of 20 December 1993 referring to the Community’s trade mark rights. When the Treaty of Lisbon entered into force in 2009, by which the term “Community” was replaced by the word “Union” and which gave a full legal personality to the renamed European Union, a new reform of the EU trade mark right took place because of the harmonization of the internal market. The new EU trade mark right reform was completed after the adoption of a series of directives and regulations, and by entry into force of the Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark, as the fundamental legal act of EU on the trade mark right.
Keywords
European Union; intellectual property; European Union trade mark; Regulation (EU) 2017/1001; new EU trademark protection system
Hrčak ID:
313387
URI
Publication date:
17.1.2024.
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