Ochrana obchodního jména a její projevy ve známkoprávní reformě EU – Pullmanová Helena (2019)

The concept of a trade name in Section 8 of the Commercial Code was replaced by the concept of a business firm as of January 1, 2001, and the application scope of the mentioned provision was narrowed. The right to a business firm now only belongs to entrepreneurs registered in the commercial register; entrepreneurs not registered here lost the protection that the previous provision provided them. Unfortunately, this legal regulation was also adopted by the Civil Code. How can entrepreneurs, who do not have the right to a business firm, seek protection for the designation under which they operate, i.e., the trade name? Is this protection also granted to foreign entrepreneurs? Answers to these and other questions are thoroughly discussed in the publication, and their impact in practice is demonstrated through a specific model case. The right to a trade name of an entrepreneur often conflicts with the right to a trademark of another person, which is why the book also addresses the relationship between these rights and outlines what options and means of protection an entrepreneur has to prevent interference with their right to a trade name at various stages of the trademark's existence. The author also mentions cases from the jurisprudence of the Court of Justice of the European Union, where an entrepreneur may interfere with...