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The Semiotic Meanings of Names

100%
Onomastica
|
2017
|
vol. 61
|
issue 1
111-118
EN
Semiotics is the study of how signs are interpreted as references, and names are an obvious type of sign. Semiotics may therefore be considered a useful approach to all types of name study - whether personal names, place names, commercial names, or literary names. As described by C. S. Peirce, an act of reference consists of a sign (e.g., a word, word part, road sign, emblem, or simply a finger) and a referent (e.g., an object, conceptual model, or analytic definition). Furthermore, all acts of reference reflect one or more of three basic types of relationships: 1) similarity, 2) one-to-one corre¬spondence, and/or 3) arbitrary convention. If a sign is interpreted as similar to a referent, it functions iconically. If it is interpreted as a designation or as caused by the referent, it functions indexically. If it is interpreted as referring to two or more indexical referents, it evokes related qualities and there¬by functions symbolically. The primary interpretation of names is indexical. However, the purpose of this paper is to show how names, as signs, are also interpreted iconically and symbolically, even at the same time. Different types of names will be used to illustrate these semiotic functions.
EN
The article aims to familiarize with the issue of unregistered trademarks. The author analyzes existing regulations in the field of national law along with an indication of the sources of EU law. The possibilities of applying them to unregistered trademarks are considered, for which there are currently no legal definitions. The author hypothesizes the need to recognize the existence of a separate legal right in the form of a right to an unregistered trademark created on the basis of the possibility of protecting unregistered trademarks on the basis of other than protection rights on a registered trademark. Consideration is given to obtaining protection for an unregistered trademark in terms of the law on combating unfair competition in the form of protection as an entrepreneur’s designation or business designation, as well as mutual relations between industrial property rights and anti-unfair competition regulations. The author compares existing regulations and caselaw and then draws conclusions regarding the possibility of their application in the specific situation of an unregistered trademark. The article ends with a summary and conclusions in which the author summarized the previous considerations, in particular the necessity to distinguish a separate right to the registered mark and recognition of its functioning on the market.
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