Siniša Varga, LLD *
ЕNTITIES, FORM AND SUBJECT OF GENUINE USE OF EUROPEAN UNION TRADEMARK
Summary
Trademark rights are exclusive in their nature and if trademark owner does not use protected sign and at the same time no one is allowed to do that, the sign is not used on market and its unavailability may represent restriction of competition. That is why trademark must be used on market to maintain registration. But it is not any usage of trademark on market is qualified for preserving of granted rights. Legally, only genuine use of trademark is relevant. Genuine use of trademark is use of a trademark in the course of trade by trademark owner or with their consent, in a registered form or form differing in elements which do not alter the distinctive character of the registered form of trademark, in connection with the goods and services in respect of which the trademark is registered.
Key words: Trademark Law, European Union, genuine use