Vukašin Petrović *
PROTECTION OF TRADE MARK FUNCTIONS IN EUROPEAN UNION LAW
Summary
The Court of Justice of the European Union, through several judgments of recent date, has expanded the right of the trademark proprietor to prevent an unauthorized use of its trademark by third parties, thereby increasing the number of trademark functions that enjoy legal protection. Through this article, a gradual change in the position of the Court of Justice of the European Union in respect of the protection of the trademark functions, will be shown. In that sense, it will be shown, firstly, the traditional understanding of the trademark functions, as well as the need of their protection, then the legal framework that enabled the Court to expand the rights of the trademark proprietor and to enlarge the number of protected trademark functions, the judgements in which the Court sets the legal basis for the protection of trademark functions, and, in the end, the conclusion will show the problems caused by the abovementioned position of the Court, and one of the possible ways of resolving them will be offered.
Key words: trademarks, trademark functions, essential function of the trademark, expansion of the rights of the trademark proprietor, use for the purpose of distinguishing goods and service