Nesąžiningi ketinimai - pagrindas prekių ženklo registraciją pripažinti negaliojančia

Abstract

First part of this thesis deals with theoretical questions connected with subject matter of this final work. With reference to legal acts, national and European Union courts jurisprudence the content of concept “bad faith” is revealed, also the purpose of this concept usage is discussed. Additionally, relation between concepts “bad faith” and “unfair competition” is ascertained. Also this final paper analyses legal regulation of bad faith as ground for invalidation of trademark registration in international, European Union legal acts, and in legal acts of Republic of Lithuania. In the second part of this theses main and supplementary criteria for identifying existence of bad faith are distinguished and analysed according to Republic of Lithuania and other European Union member courts’ jurisprudence, decisions of the Appeals Division of the State Patent Bureau and decisions of Office for Harmonisation in the Internal Market (OHIM).