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Коммерческое право. Средства индивидуализации продукции, товаров, работ или услуг (самое важное)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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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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