Function and protection
The trade mark owner has the exclusive right to use the trade mark in connection with the goods or services for which it is protected. In the event of unlawful interference with the rights of the trade mark its owner has the right to demand a competent court that the violation or threat to law to be prohibited, including the elimination of the consequences of such violations.
Registered trade mark may be transfer to another owner by a written agreement, to whole extent or in part, under special legal regulations the transition to the new entity is also possible. A trade mark may be subject to a lien, subject to enforcement measures and execution, and may be included in bankruptcy or in the list of property settlement proceedings. On the basis of licensing agreements one may also provide the other entity the right to use the trade mark, either for the whole range of protected products and services or only some of them.
If the owner within 5 years from the registration did not start properly use the sign for the goods or services for which the mark is registered, or if such use has been discontinued at least at the same time, such a mark is removed. Owner of the registered trade mark is also entitled to give up the rights to the trade mark, either for all of the registered goods or services, or for only one of them, or limit the scope of protection in relation to a particular element of the mark. At the request of a third person and at the conditions specified by law it is possible to repeal a trade mark or it can be declared invalid, in its entirety granted protection, or only specific part of the list of goods and services.
The owner of registered trade marks may begin a legal act by the event of a breach, in order to prevent unauthorized use of the mark. However, trade mark registration is not required. The owner of an unregistered trade mark may also file an incentive to action, but an unregistered trademark can be protected only within the geographic area in which it was used, or areas in which we can assume that it will expand.