UPOREDNOPRAVNA ANALIZA KRITERIJUMA ZA OCENU POZNATOSTI ČUVENIH ŽIGOVA

Abstract

A well-known trademark, by virtue of the level of recognition it has achieved, enjoys extended legal protection, which constitutes an exception from the principle of speciality. The degree of recognition required for a trademark to qualify as well-known is determined on a case-by-case basis. To that end, appropriate criteria for assessing recognition have been developed. In this paper, the author analyzes the criteria for assessing the recognition of well-known trademarks as established in the legal instruments of international organizations and certain countries. A part of the paper is devoted to the criteria for assessing the recognition of well-known trademarks in the European Union, where these criteria have been developed through the case law of the Court of Justice of the European Union. In the context of Serbian law, this issue is of particular importance, given that the Trademarks Act of the Republic of Serbia does not provide, even by way of example, criteria for assessing the recognition of well-known trademarks. The paper demonstrates that, despite normative fragmentation, there exists a common core of criteria, while also pointing to the need for their clearer formulation in Serbian law in order to ensure greater predictability and consistent application.