TRADE MARKS: LEGAL ASPECTS AND PRACRTICAL CHALLENGES. ACKNOWLEDGMENT OF RIGHTS TO UNREGISTERED SIGNS.

Abstract

In a world of advanced technologies, artificial intelligence, and borderless e-commerce, business identifiers that function as trade marks are still widely used, yet they are not always protected as prescribed by law. Affixing a sign to goods and services offered by a company - most commonly a name or a logo - aims to ensure that the target audience can recognise the company offering the goods or services in question. A “strong” trade mark, with a high degree of distinctiveness, leaves no doubt in the consumer’s mind as to the identity of its owner. Unfortunately, many entrepreneurs continue to underestimate the importance of intellectual property (IP) and do not invest in the legal protection of strategic assets such as trade marks 
This conclusion is also supported by statistical data published by the European Union Intellectual Property Office (EUIPO) regarding the grants awarded under the EU SME Fund – almost 80% of beneficiaries are protecting intellectual property rights for the first time.  The paper focuses on the advantages of the legal protection of trade marks and examines the challenges companies face in the absence of such protection. It also discusses cases in which rights in a non-registered sign have been recognised as a result of its effective use over a number of years. The SME Fund, a joint initiative of the EUIPO and the European Commission, was launched in 2021 as part of measures addressing the consequences of the pandemic. Over the past years, it has achieved excellent results, encouraging companies across the EU to take action in one of the most underestimated areas of business activity.