The Community Trade Mark in Comparison with the National Trade Mark - Focused on the Unitary Character of the Community Trade Mark and the Absolute Grounds of Refusal

The Community Trade Mark in Comparison with the National Trade Mark - Focused on the Unitary Character of the Community Trade Mark and the Absolute Grounds of Refusal Abstract The Community Trade Mark system has existed since 1994 when the Community Trade Mark Regulation No. 40/94/EC was adopted. Even though the European system is younger than the national trade mark systems, one cannot say that it is a less successful system - particularly according to the number of registered Community Trademarks. The regulation of trademarks is very complex and for this reason I have decided to focus only on one part of the regulation, namely the unitary character, which represents a special characteristic of a Community Trade Mark - and further on the absolute grounds of refusal and their comparison in European and Czech trade mark law. The two systems for the registration of trademarks show considerable resemblance; however, one shall find differences, e.g. an integration of bad faith as one of the absolute grounds of refusal appearing only in the national system. The purpose of my thesis is to compare the two systems of trademarks - the Community level and the National level, and to provide readers with clear guidance regarding the general rules applicable within the registration. I will do this through an analysis..