The ambition of this master’s thesis, titled Expanding the Scope of Trademarks, is to offer an insight into a very interesting area of Intellectual Property Law that is lately being discussed rather frequently. With the intention of acquainting the reader with the concept of a trademark and the rights pertaining thereto, the general concept of intellectual property is initially introduced in the first part, which is then divided into two subcategories - the copyright with other related rights and industrial property. With the latter, we focus on the trademarks that represent the core element for the subject matter of this thesis - expansion of the scope of trademarks.
Later on there is briefly listed the relevant legal framework, composed of international, European and national legislation. Furthermore, some basic information about the various national and international Offices is provided, dealing with intellectual property as they play a crucial role in the procedure for the registration of a trademark. With this, the thesis reaches its main topic - expanding the scope of trademarks. In light of the latter being a rather immense concept, the focus is on some of the non-conventional trademarks and thus introduce certain cases of registration of non-conventional trademarks that are most know to the public and are seen as landmark cases for a specific type of trademarks, based on which similar cases are now being decided.
With this master’s thesis, we primarily introduce the concept of a trademark to the reader and acquaint them with the possible extent, to which this concept may be interpreted. Before entering into the detailed analysis of the trademark, we first explain the concept through the legal prism so as to provide an easier understanding of the topic. In the last part of the thesis there are summarised findings and our discoveries concerning the expansion of the scope of trademarks.
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