Theory and practice of intellectual property
№ 6 / 2018

ISSN (Print) 2308-0361
ISSN (Online) 2519-2744

PDF (Ukrainian)

DOI: https://doi.org/10.33731/62018.160979

Published      2018-12-26

Examination of trademarks that contradict public interest, principles of humanity and morality

Tetiana Kovalenko
Ukraine

Abstract
An analysis of the history of the development of Ukrainian and international trademark law (trademarks and service marks) contains a prohibition on the registration of trademarks that are in conflict with the public interest, the principles of humanity and morals. The article deals with the differences between the concepts of «public interest» and «principles of humanity and morality», and their characteristic features. The possibility of conducting forensic research on compliance with the principles of humanity and morality, the public interest of trade marks. However, the incorrect definition of their legal nature, ignorance of differences between them, may lead to their misuse and protection and, accordingly, violation of rights. For example, an unregistered trademark has no protection from the state side, and the commercial (firm) name is identical or similar to the one that may be confused with an earlier registered trademark of another person, deprives them of the possibility of selling goods or providing services that are subject to legal protection trademark Therefore, the ability to branch out a trademark and commercial (firm) name helps market participants realize and protect their exclusive rights.

Keywords: trademark, brand name