The master's thesis examines the concept of a trademark with reputation within the framework of European Union law, with the focus on Regulation (EU) 2017/1001 on the European Union trade mark. Its purpose is to illustrate the evolution of the doctrine of a reputable trademark, beginning with a review of the historical development of the concept and the relevant regulations at the international and European levels. The central part of the master's thesis focuses on an overview of the fundamental case law of the Court of Justice of the European Union. The Court has established criteria for assessing when a trademark has a reputation and has defined the requirements for similarity or likeness of a sign, which, in the context of a reputable trademark, does not imply a risk of confusion in the traditional sense. However, it is required that consumers can establish a certain connection (link) between a used sign and a reputable trademark. Violation of a reputable trademark is established in cases of dilution or harm to the distinctive character of the trademark, tarnishing its reputation, or its unfair exploitation. As will be evident from the examples, the Court's assessment is heavily dependent on specific factual circumstances, raising a question of whether it provides stakeholders in the market with the necessary predictability and legal certainty.
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