Nematomo žymens registravimo prekių ženklu teisinė problematika
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This dissertation investigates the conditions under which a non-visible sign performs the primary function of a trade mark, i.e. to distinguish the goods or services of one undertaking from those of other undertakings. To answer this question, the dissertation identifies the main characteristics of smell, taste, and sound, the main types of smell, taste and sound signs, the functionality of non-visible signs, the main competitive aspects, and the peculiarities applying the depletion doctrine with respect to non-visible signs. The dissertation deals with the capability of a non-visible sign to be represented graphically. It describes the essence, purpose and role of the graphical representation requirement in the array of absolute requirements for a trade mark, also analyses the peculiarities of representation of different types of non-visible signs, by focusing more on graphical representation methods known today, such as verbal description of signs, chemical formula, relevance of specimen of non-visible signs, image, diagrams of smell, perfume radar, musical staves, and diagrams of sound.