Open AccessLegal aspects of trademarks protection before civil courts
Author(s) -
Christos S. Chrissanthis
Publication year - 2004
Publication title -
međunarodni problemi
Language(s) - English
Resource type - Journals
eISSN - 2406-0690
pISSN - 0025-8555
DOI - 10.2298/medjp0404370c
Subject(s) - trademark , confusion , function (biology) , law , business , political science , law and economics , economics , psychology , evolutionary biology , psychoanalysis , biology
The evolution of trademark law, from the time of the earliest trademark laws till today, is characterized by a continuous effort by courts and legal literature to extend the civil protection provided to trademarks. These efforts resulted in supplementing the legal concept of ‘likelihood of confusion’ with the concepts of ‘likelihood of association’, ‘unfair resemblance’ and ‘dilution’. This conceptual expansion is readily explained by the increasing significance of the advertising and informational functions of the trademark which is evident in contemporary economy; it is also explained by the inadequacy of the concept of "likelihood of confusion" and the "indication of origin" function to provide sufficient legal protection to trademarks