Distinctive power of colour as marking capable of being autonomous subject of a trade mark
The author analyses the distinctive power of colour as marking capable of being autonomous subject of a trademark and the conditions that must be fulfilled for such abstract colour marking to be entered into the register of trade marks. The core of examination of this issue is the case-law of the Court of Justice of the European Union, through which the Court of Justice provides binding interpretations for individual provisions of the Directive 2008/95/EC of the European Parliament and of the Council to approximate the laws of the Member States relating to trade marks.
Ústav štátu a práva SAV, Bratislava, Slovak Republic
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