Wymóg graficznej przedstawialności jako przesłanka zdolności ochronnej znaku towarowego w prawie unijnym – aktualne koncepcje oraz planowane zmiany

Abstract

This article aims to analyze the graphical representation requirement as a condition of trademark protection in the EU law with a review of current regulations and tendencies in case law. The graphical representation requirement was included in the trademark law regulations in accordance with a need for publication of the decision pertaining to trademark registration. The graphical representation requirement is seemingly unequivocal and precise. However, an in depth analysis of the various trademark representations shows some serious doubts. This article also refers to the current interpretation of the graphical representation requirement as well as includes proposed changes in the EU law in this respect. Despite the nonexhaustive list of protectable trademark representations in the EU Member States, as well as in the Community trademark regime, there are concerns in interpretation of the graphical representation requirement.