Legal analysis of the provided from EURid
Information was sent in a separate .doc document annexed to the response # 2.
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Below we try to explain what is meant by the different terms. Note however that it differs between countries and this is only to be regarded as a rough the idea of what a business identifier, trade name etc is. For details about documentary evidence regarding prior rights see the Sunrise Rules, section 12.
- | TRADEMARKS | are words, names, logos or other signs that identify and distinguish and product from others in the market place e.g. Pepsi Cola, BMW. In order to obtain the exclusive right to use them and to prevent unauthorized use, the others, the owner has to register the mark with a national or international trademark office.
- UNREGISTERED | TRADEMARKS |, to the extent that they are well known as being and mark for certain goods or services nevertheless provide some protection under the laws of the Member States.
- And DESIGNATION OF ORIGIN is the term used to describe foodstuffs which are produced, processed and prepared in a given geographical area using recognized know-how such as Champagne or Feta cheese.
- A GEOGRAPHICAL INDICATION is a more general term to say that the goods have and (c) the geographical origin and qualities or a reputation due to that place of origin e.g. Tuscany olive or Ardennes ham.
- And BUSINESS INDENTIFIER is a sign used to identify the business of a natural person, a legal person, an organisation or an association, rather than the product it offers. Should the business identifier is often but not always meant the trade name or the company name.
- THE COMPANY NAME -or corporate name-is the official identification of the undertaking, in most cases registered in the respective commercial register, as is Pepsico Ltd the manufacturer of Pepsi Cola.
- TRADE NAMES are not registered names used by enterprises to identify the enterprise as such and protected as exclusive rights in all Member States. Usually shops, restaurants and alike use trade names, e.g. "Dans la Colombe Féroce "while the company owning the business has another corporate name.
- Other signs including symbols, emblems, logos, slogans can be considered as business identifiers provided they are business-related and protected, the national law of a Member State.
Below we try to explain what the various terms mean. Please keep in mind that these definitions differ, depending on the laws of individual countries and therefore this explanation take only as a rough plan of what can be considered as a business ID, company name, and so on. For further information regarding documentary evidence in support of the priority rights, see the rules for the Sunrise period, part 12.
- Registered (registered) trademarks are words, names, logos or other symbols that identify and distinguish a product from other products on the market, such as Marlboro, Rolls-Royce, etc. In order to obtain exclusive rights of use and the prevention of their abuse of other persons shall be the owner of the trade mark register (register) at the national or international organizations dealing with ochrannnými marks (e.g. in the Czech Republic it is the industrial property Office).
- Unregistered (unregistered) trademarks, they are commonly known, such as the mark of a product or service, are to a certain extent protected by laws of certain EU Member States.
- The determination of origin is a term used to describe foodstuffs which are produced, processed and prepared in a given geographical area using recognised procedures or knowledge (know-how), such as champagne, olomoucké syrečky or Pardubice gingerbread.
- A geographical indication is a more general term, which means that the item has a certain geographical origin and property or reputation thanks to its area of origin, such as the Tuscan olives and ham.
- The business ID is the designation that identifies the business of natural persons, companies, firms or associations, but not the product you offer. Business identifier is often, but not exclusively, meaning the business name or company name (business name).
- Company name (business name) is the official designation of the company (or companies and the like), which is usually recorded in the commercial register or similar official database