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LEGAL PROTECTION OF WELL-KNOWN TRADEMARKS

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 49)

Publication Date:

Authors : ;

Page : 66-72

Keywords : well-known trademark; famous trademark; trademark with reputation; legal protection;

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Abstract

This article analyzes well-known trademarks, which by their nature receive broader legal protection than ordinary trademarks. Due to significant financial investments, wide promotion, and recognition among consumers of goods or services under certain trademarks, some of such brands can become recognizable on the territory where they were originally used, as well as in other countries. Such trademarks are called commonly known marks and can be conventionally divided into well-known, famous and with reputation. The article pays special attention to the identification of each definition and the distinction between them. Certainly, such trademarks become objects of unfair competition, as third parties, without financial investment, use them in their activities, making a profit and damaging the reputation and quality of commonly known trademarks. The infringement could be a reproduction or imitation of a trademark, which indicates an associative connection with the image or semantics of a commonly known trademark used for marking homogeneous goods. This could be using an identical or similar trademark for dissimilar goods and services, or perhaps an identical or similar trademark for homogeneous goods and services, but in a different country. Therefore, to prevent the illegal and unfair use of commonly known trademarks, special protection has been established by international regulations. Accordingly, the article examines the background of well-known trademarks, famous trademarks and trademarks with a reputation and analyzes the international and national legislation governing this issue. The article also analyzes the legal protection of such categories as well-known trademarks, famous trademarks and trademarks with reputation, their legal nature, the order of recognition.

Last modified: 2022-06-24 21:41:21