Kopyev A.V. Name as Means of Individualization of Goods (Works, Services) in Business

DOI: https://doi.org/10.15688/lc.jvolsu.2017.1.19

Alexey V. Kopyev

Candidate of Juridical Sciences, Associate Professor, Assistant Professor, the Department of Civil and International Private Law, Volgograd State University, the Base Department of Southern Scientific Center of the Russian Academy of Sciences, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction: having features that allow recognizing the goods on the market, a trademark is of importance in achieving the objectives of business and other economic activities. One of these features is the name. It is the name that makes it possible to personalize the trademark of a mass of other similar products. Business is actively producing intellectual property in the form of a trademark using the name. In the study there has been set the goal to investigate the using and protecting of the name in the trademark. Methods: the methodological framework of this study is made up of a set of the methods of scientific knowledge, among which the main are the methods of analysis, legal formalism, synthesis, systematic and comparative law. Results: in the article the author investigates the question of the exclusive rights to the trademark in the event of using the name, analyzes the grounds of admissibility and the conditions of the name use in the trademark in business, provides the administrative and judicial justification of law enforcement. The study contains the author’s position on the basis of the current legislation in the field of intellectual property and the law enforcement practice. On the basis of the legal analysis of the acts of Rospatent and the court, the author raises the questions of the efficient use and protection of the name in the trademark. Conclusions: the study has revealed the conditions of the name use in the trademark, the conditions for granting legal protection and subsequent protection of exclusively the trademark, which used the name, the application features of the priority of the legal protection. It has been proved that if the trademark has no distinctive feature, it can be freely used by different economic transactors.

Keywords: exclusive rights, trademark, name, Rospatent, character, unfair competition, intellectual property, product, legal protection.

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