THE DANGER OF MISCONCEPTION IN THE LATEST PRACTICE OF THE EUROPEAN COURT OF JUSTICE

Abstract

The notion of similarity of trademarks and products has as much to do with the likelihood of confusion as a specific requirement for protection. In order to determine the danger of misconception, numerous circumstances should be taken into account, especially the known trademark on the market, the degree of similarity between the trademark and the sign, as well as between the products and services with which they are marked, and the relationship established between the new signs and the trademark. The authors analyze the decision of the European Court of Justice in case C- 766/18, through Article 10 of the preamble of Directive 89/104 and Article 66 of Directive 207/2009 and through the prism of legal theoretical concepts they give their opinions and recommendation.