Table of contents (expand)
- Subject, method and principles of commercial law
- Trade Law
- Non-legislative sources
- State control over compliance with the rules of commercial activity
- Protection against illegal actions of regulatory authorities
- Individual entrepreneur
- Responsibility of an individual entrepreneur. Termination of its activity
- Commercial organizations
- Separate and non-separate divisions
- Objects of civil rights of an entrepreneur
- Money (currency) and securities
- Real estate. Works and services. Accounts receivable. debts
- Product concept
- Means of individualization of a commercial organization
- Means of individualization of products, goods, works or services
- The concept of a commodity market
- Structure and infrastructure of the commodity market
- Markets of perfect and imperfect competition. Protection of competition
- The concept of competition under Russian law
- Abuse of an economic entity by its dominant position
- Commodity exchange
- Features of exchange trading
- Auction house. auction trading
- Organization of auction trade. Auction technique
- wholesale fair
- Commercial commitment
- Classification of commercial obligations
- Commercial transaction: concept and types
- Contract in commercial activity
- Content of the contract
- Form of contract
- Interpretation of the contract. Registration of the contract
- Ways to conclude a contract
- Change and termination of the contract. Change of persons in obligation
- Types of civil law contracts used in commercial activities
- The concept and types of commercial contracts
- The concept of the sale of goods, works or services. Implementation agreement
- Barter agreement
- Trade credit agreement
- Legal regulation of contractual relations. Preamble to the treaty
- Identification of the legal status of the counterparty in the transaction
- subject of a contract
- Product quality
- Packaging and labeling
- Assortment, completeness and set of goods. Delivery time
- The main obligations of the parties. Time of transfer of ownership
- The difference between a supply contract and a retail sale contract
- Price basis
- Principles for determining the price of goods, works or services for tax purposes
- Form of non-cash payments. Settlements by payment orders
- Settlements by letter of credit, by collection, by checks
- Information constituting a trade secret
- Responsibility and procedure for settling disputes of entrepreneurs
- Ways to ensure the fulfillment of contractual obligations
- Penalty
- Pledge and retention
- Surety agreement. Deposit
- Bank guarantee
- Operational measures. Options for the supplier in case of violation of obligations by the payer
- Options for the payer in case of violation of obligations by the supplier
- Termination of obligations under the contract
- Commercial representation
- Commercial mediation. Labor representation
- Contract of agency
- Commission agreement
- Agency contract
- Transportation of goods. Contract for the carriage of goods
- Agreement on the organization of cargo transportation. Chartering agreement (charter). Freight Forwarding Agreement
- The concept and types of warehouse services
- Warehousing agreement
- Warehouse receipts
- The concept and general characteristics of franchising. Commercial concession agreement
- Varieties of franchising
- Benefits of franchising as a type of business activity for its participants
- The concept of marketing activities
- Concept, principles, types and goals of marketing research. Sources of information
15. MEANS OF INDIVIDUALIZATION OF PRODUCTS, GOODS, WORKS OR SERVICES
The means of individualization of products, goods, works or services are a trademark, a service mark and an appellation of origin.
According to Art. 1477 GK trademark - this is a designation that serves to individualize the goods of legal entities or individual entrepreneurs, for which the exclusive right is recognized, certified by a trademark certificate (Article 1481 of the Civil Code).
Service mark - this is a designation that serves to individualize the work performed by legal entities or individual entrepreneurs or the services they provide.
The condition for granting legal protection for a trademark (service mark) is its novelty. A trademark can be verbal, figurative, three-dimensional and combined.
Consumer protection legislation indicates the need product labeling, denoting a verbal description of the product, placed on the product or its packaging and including the brand name of the manufacturer, its address, name of the product, a link to standards (including certification), a list of product properties and a number of other data.
Registered trademark marking is the letter "R" in a circle, indicating that the designation used is a registered mark.
Name of place of origin of the goods, to which legal protection is granted, is a designation that represents or contains a modern or historical, official or unofficial, full or abbreviated name of a country, urban or rural settlement, locality or other geographical feature, as well as a designation derived from such a name and which has become known in as a result of its use in relation to a product, the special properties of which are solely or mainly determined by the natural conditions and (or) human factors characteristic of a given geographical object. The exclusive right (Articles 1229 and 1519 of the Civil Code) of the producers of such goods may be recognized to use this name.
A designation is not recognized as an appellation of origin of goods, although it represents or contains the name of a geographical object, but has come into general use in the Russian Federation as a designation of a certain type of product, not associated with the place of its production (Article 1516 of the Civil Code).
to specific featured such a geographical object should include:
a) an indication that the product originates from a specific country, locality, area (including taking into account historical names);
b) connection of the product designation with its special properties, which are determined by natural conditions and (or) social factors characteristic of a given geographical object;
at) recognition and steady demand from consumers;
d) socially significant nature of the name.
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