1.3: Types of designation rights

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In the following, the individual types of designations will be briefly presented with their essential characteristics. The necessarily separate presentation of the various designations should not lead to the conclusion that the various designations can only be considered in isolation. Rather, the owner of a designation right, such as a trade mark, may also have his rights affected by another type of designation. For example, action can be taken on the basis of a trade mark not only against another trade mark, but also, in principle, against company designations, work titles or domains.[1] Similarly, action can be taken on the basis of company designations against trade marks, titles or domains.[2] By contrast, the scope of protection of a work title is somewhat limited, and action can be taken on the basis of a work title essentially only against other titles, but not also against trade marks or company designations.[3] In turn, designations of geographical origin can, in principle, conflict with all other types of signs.


Footnotes

  1. See in detail below Chapter 10 and Chapter 22.

  2. See below Chapter 18.

  3. See below Chapter 20.