РАЗЛОЗИ ЗА ОДБИЈАЊЕ ЗАХТЕВА ЗА ПРИЗНАЊЕ ЖИГА
THE GROUNDS FOR REFUSING TRADEMARKS REGISTRATION

Summary/Abstract: A trademark is a sign used for distinguishing goods or services of a company from those of another one. These signs may be registered. If so, they are known as trademarks. Trademarks are the subject matters of the exclusive rights. It means that no one can obtain right on the subject matter nor commercially exploit the subject matter of previously obtained right. If a trademark is identical to an earlier trademark and used for marking identical goods and services, its registration will be refused. However, the registration of identical trademarks for similar goods or services or similar trademarks for the same or similar goods or services is only prohibited where confusion on the part of the public is likely to arise. Comparison can be done due to visual, phonetic and conceptual criteria, as applied to distinctive and dominant components of comparing signs. Similarity exists if any of the mentioned criteria is matched, but it is not enough for refusing trademark registration. Trademark registration will be refused if relevant part of the public can be so confused to consider the signs the same or modifications of the same sign or different signs of legally connected companies. Should there be any disagreements involving reputable trademarks, these are dealt with irrespective of goods and services.

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