A védjegyek köznevesüléséről
Megjelenés dátuma: 2011
Kulcsszó: márkanév
védjegy
köznevesülés
névjog
magyar
védjegy
köznevesülés
névjog
magyar
Abstract:
PÉTER SZALAI, On the appellativization of brand names
Trademark, as a sort of intellectual property, is a legal institution which consists of a mark
that is graphically representative and distinguishes the goods or services of the trademark holder
from the goods or services of others; furthermore, it has originated from authority registration.
Marks under legal protection mostly, but not necessarily, contain verbal parts. In everyday
language this kind of mark is called a ‘brand’. In this case, a trademark is also functional as a name
that is to be considered as an artificial proper name deriving from an authority source. There are,
however, cases when trademarks, having distinctiveness at the time of registration, lose this
distinctiveness over time, because of being used in a way, mostly in oral communication, that is no
longer restricted in sense to the goods and services of the trademark holder. This phenomenon,
called genericization or semantic broadening, is difficult to identify; in a legal sense it also
requires an official procedure in order for the mark not to be used as a proper noun, but as a
common noun without legal protection. The study interprets this phenomenon with illustrations of
both Hungarian and foreign cases and also attempts to reveal the possible causes thereof.