Theory and practice of intellectual property
№ 2 / 2018

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

PDF (Ukrainian)

DOI: https://doi.org/10.33731/22018.146324

Published      2018-05-04

The problematic issues of the definition of positive conditions of a trademark protectability

Vitalii Gordeichuk
Ukraine

Abstract
The article deals with the problematic issues of the theoretical definition of the concept of «protectability of a trademark» in accordance with the provisions of the legislation of Ukraine and the main international legal acts in the field of intellectual property protection. Also provided analysis of the main positive conditions and features that determine the protectability of the trademark as a protected intellectual property rights object. The following conditions of protectability are analyzed: the presence of a conventional designation expressed in the objective form, the distinctive ability of a trademark, «patent purity» and other conditions that affect the possibility of obtaining legal protection.

Keywords: trade mark, trademark, sign for goods and services, object of intellectual property relations, protectability, positive conditions of protection