La incorporación al ordenamiento español de la Directiva (UE) 2015/2436 sobre marcas y su incidencia en la regulación del nombre comercial: quiebras y disfunciones
The modifications introduced in the legislation regulating the distinctive signs of the company in consequence of the incorporation of the Trademark Directive entail certain dismantlings and dysfunctions that affect some of the essential facets of the regulation of the trade name. We refer both to t...
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| Format: | Article |
| Language: | Spanish |
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2020
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7216838 |
| Source: | Revista de estudios europeos, ISSN 2530-9854, Nº. 75 (Enero-Junio), 2020, pags. 8-26 |
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| Summary: |
The modifications introduced in the legislation regulating the distinctive signs of the company in consequence of the incorporation of the Trademark Directive entail certain dismantlings and dysfunctions that affect some of the essential facets of the regulation of the trade name. We refer both to their representation for the purposes of their registration in the OEPM, as well as to the positive aspect of the right granted to their owner. This paper deals with the repercussion that these modifications have on the trade name rules. The study begins with the analysis of the new requirement of representation of the trademark, to later examine the scope and content of the requirement of graphical representation of the trade name in the light of this new trademark requirement. Next, we analyze the positive aspect of the right over the trade name and the impact that the modifications introduced in the Trademark Law have on this matter. Finally, a critical assessment of the way in which the reform of trademark regulation has been articulated is carried out, paying special attention to the regulatory provisions of the trade name. |
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