UPOTREBA INDIVIDUALNIH I KOLEKTIVNIH ŽIGOVA ZA OBELEŽAVANjE PROIZVODA I USLUGA PREMA UREDBI BR. 207/2009

Abstract

According to the Regulation No. 207/2009 the use of the mark exclusively for the purpose of guaranteeing the quality of products or services is not "actual use". However, the quality label may fulfill the conditions set for such use if it is used in accordance with the main function of the trademark. According to the European Court's view, the mentioned regulation must be interpreted in such a way that the provisions relating to collective trademarks cannot, mutatis mutandis, apply to individual Union trade marks. With the adoption of Regulation No. 2017/1001, it is foreseen, under certain conditions, the protection of the mark quality as a Union certification mark. In this way, the function of origin marking is realized, which means that the certification marks are different from the individuals.