Legislation On Ensuring Fair Competition in Trademarks

Authors

Keywords
trademark, international legislation, unfair competition, trademark similarity

Summary
The purpose of developing trademarks as a tool in economic activity and in marketing practice, in particular, is to establish a distinction for the products of its owner, serving both his/her interests and those of consumers as concerns to the absence of delusions and unambiguous awareness of the origin of goods and services. However, how this differentiation is achieved and protected in a regulated way against deliberate or apparently good faith encroachments is the subject of legislation that does not always manage to set clear criteria and at least needs several points of view and interpretations. In this context, the article derives and interprets selected texts from the most important national and international normative acts (such as the Paris Convention, the EU Regulation and the local competition law), and at the end points out an exemplary litigation that arose on the basis of "similarity" to a well-known brand, considered unfair competition.

JEL: K11, K21, K33, K42, M31, M38
Pages: 15
DOI:  https://doi.org/10.58861/tae.di.2024.1.04

More titles

  • Analysis of Controversial Issues in the Appeal of Tax Revision Acts in the Context of Judicial Practice

    This publication is based on a legal analysis of some controversial issues in tax practice, which are successfully applied and clarify the tax matter of business entities. Revision acts are the first phase of tax proceedings, which trigger the active behavior of both the tax administration, which is decisive in the said proceedings, and the ...

  • To the Question of Economic Study of Agrarian Contracts

    Arround the globe, a huge number of theoretical and empirical studies and publications related to agrarian contracts of various types have been made. In Bulgaria, the studies of economic contracts in general, and of agrarian contracts in particular, are incidental, with individual researchers applying "their own" definitions and methodologies, ...

  • Degree of Differences in the Structure of Government Expenditure for the Provision of Collective Services Between EU-26 and Bulgaria

    The main goal of this article is to examine the differences in the structure of the expenditure of the “Central Gorvernment” sub-sector by functions of the classification of the functions of state government (COFOG) between the EU-26 and Bulgaria in the period 2007 - 2021 and, on this basis, to analyze the conducted public policies in the field of ...