Articles

Vol. 127 (2021)

The scope of protection of a surname as a registered trademark against public domain interest in the European Union law

Aleksandra Bernatowicz

Pages: 151-163

PDF (Język Polski)

Abstract

Surname is a fairly common mark registered as a trademark — and since it is (by default) shared by a number of individuals, it is also a part of public domain. Surname trademarks are a vivid example of a legal dilemma of how to properly balance two conflicting values — public interest and private right. The EU trademark law did provide some means to protect public domain; however, the question arises whether it is enough to provide protection within such a specific area as surname trademarks.