TRADEMARK PROTECTION IN THE EUROPEAN UNION

Abstract

The goal of the harmonious development of the economic activities in the EU is to achieve a continuous and balanced expansion by means of proper functioning of a home market which offers conditions, similar to those existing on a national market. In order to create a market of this kind and to strengthen its unity, not only the obstacles that hinder the free movement of goods and services should be removed, but also a regime that guarantees fair competition should be developed. It is necessary to provide for legal conditions that enable companies to adapt their production and distribution of goods or services activities throughout the entire Community. Among the legal tools which companies should have, especially suitable for this purpose are the trade marks as a tool to identify their goods or their services in one and the same way. The purpose of this study is to demonstrate the role of Regulation No.207 / 2009, of the EU Council regarding the Community trade mark as well as the rules of the Madrid Agreement and the Paris Convention, providing companies with the right to acquire, under a single procedure, Community trade marks, of equal protection and of an effect on the entire Community territory. The national trade marks continue to be necessary for the companies that do not wish to protect their trade marks at Community level.