Topic 30

30.1. Right to trade name

Ch. 76 GK.

The means of individualization of a legal entity as a manufacturer of goods, performer of works or services is its trade name. The rules relating to the right to a trade name are contained in § 1 Ch. 76 GK.

In accordance with paragraph 1 of Art. 1473 of the Civil Code, a legal entity that is a commercial organization acts in civil circulation under its company name, which is determined in its constituent documents and included in the unified state register of legal entities upon state registration of a legal entity. According to paragraph 2 of the same article, the company name of a legal entity must contain:

1) an indication of its legal form;

2) the actual name of the legal entity, which cannot consist only of words denoting the type of activity. For example, the business name of a full partnership (limited partnership) must contain either the names (names) of all its participants (general partners) and the words "full partnership" ("limited partnership" or "limited partnership"), or the name (name) of one or several participants (general partners) with the addition of the words "and company" and the words "general partnership" ("limited partnership" or "limited partnership").

In accordance with paragraph 3 of Art. 1473 of the Civil Code, a legal entity must have a full and have the right to have an abbreviated company name in Russian. A legal entity is also entitled to have a full and (or) abbreviated trade name in the languages ​​of the peoples of the Russian Federation and (or) foreign languages. The trade name of a legal entity in Russian and the languages ​​of the peoples of the Russian Federation may contain foreign borrowings in Russian transcription or, respectively, in transcriptions of the languages ​​of the peoples of the Russian Federation, with the exception of terms and abbreviations that reflect the legal form of the legal entity.

According to paragraph 4 of Art. 1473 of the Civil Code, the company name of a legal entity cannot include:

1) full or abbreviated official names of the Russian Federation, foreign states, as well as words derived from such names;

2) full or abbreviated official names of federal state authorities, state authorities of the constituent entities of the Russian Federation and local governments;

3) full or abbreviated names of international and intergovernmental organizations;

4) full or abbreviated names of public associations;

5) designations that are contrary to public interests, as well as the principles of humanity and morality.

The trade name of a state unitary enterprise (SUE) may contain an indication that the SUE belongs to the Russian Federation and the constituent entity of the Russian Federation, respectively.

Inclusion in the corporate name of a joint-stock company (JSC) of the official name of the Russian Federation, as well as words derived from this name, is allowed with the permission of the Government of the Russian Federation, if more than 75% of the shares of the JSC belong to the Russian Federation. The procedure for issuing and revoking such permits shall be established by law.

A legal entity has the exclusive right to use its company name as a means of individualization in any way that does not contradict the law (exclusive right to a company name), including by indicating it on signs, letterheads, invoices and other documentation, in announcements and advertisements, on goods or their packages. This right arises for a legal entity from the moment of registration of a company name, i.e. state registration of the legal entity itself under this name.

Abbreviated company names, as well as company names in the languages ​​of the peoples of the Russian Federation and foreign languages, are protected by the exclusive right to a company name, provided they are included in the unified state register of legal entities.

Disposal of the exclusive right to a company name (including by alienating it or granting another person the right to use the company name) is not allowed.

It is not allowed for a legal entity to use a company name that is identical to the company name of another legal entity or confusingly similar to it if these legal entities carry out similar activities and the company name of the second legal entity was included in the unified state register of legal entities earlier than the company name of the first legal entity. faces. A legal entity that violates these rules is obliged, at the request of the copyright holder, to stop using a company name that is identical to the company name of the copyright holder or confusingly similar to it in relation to activities similar to those carried out by the copyright holder, and compensate the copyright holder for the losses caused (Article 1474 of the Civil Code ).

In accordance with Art. 1475 of the Civil Code on the territory of the Russian Federation, there is an exclusive right to a company name included in the unified state register of legal entities.

A trade name or its individual elements may be used by the right holder as part of a commercial designation belonging to him, as well as in his trademark and service mark (Article 1476 of the Civil Code).

30.2. Trademark right and service mark right

Trademarks are among the means of individualization of manufactured goods, and service marks are among the means of individualization of works or services performed. The institution of law for these signs is enshrined in § 2 Ch. 76 GK.

According to the definition contained in paragraph 1 of Art. 1477 of the Civil Code, a trademark is a designation that serves to individualize the goods of legal entities or individual entrepreneurs. An exclusive right is recognized for a trademark, certified by an appropriate certificate (Article 1481 of the Civil Code).

The Civil Code rules on trademarks apply accordingly to service marks. According to the norm of paragraph 2 of Art. 1477 of the Civil Code, a service mark is a designation that serves to individualize the work performed by legal entities or individual entrepreneurs or the services they provide.

The owner of the exclusive right to a trademark may be a legal entity or an individual entrepreneur (Article 1478 of the Civil Code).

According to the norm of Art. 1479 of the Civil Code on the territory of the Russian Federation, there is an exclusive right to a trademark registered by the federal executive authority for intellectual property (Rospatent), as well as in other cases provided for by an international treaty of the Russian Federation. In accordance with Art. 1480 of the Civil Code, state registration of a trademark is carried out by Rospatent in the State Register of Trademarks and Service Marks of the Russian Federation (State Register of Trademarks) in the manner prescribed by Art. 1503 and 1505 of the Civil Code.

A trademark certificate is issued for a trademark registered in the State Register of Trademarks (Article 1481 of the Civil Code). This certificate certifies:

1) trademark priority;

2) the exclusive right to a trademark in respect of the goods specified in the certificate.

Word, figurative, three-dimensional and other (for example, sound) designations or their combinations can be registered as trademarks. A trademark can be registered in any color or color combination (Article 1482 of the Civil Code).

The grounds for refusal of state registration of a trademark are provided for in Art. 1483 GK. In particular, state registration as trademarks of designations that are or contain elements of:

▪ that are false or capable of misleading the consumer regarding the product or its manufacturer;

▪ contrary to public interests, principles of humanity and morality.

Also, designations that are identical or confusingly similar cannot be registered as trademarks:

▪ with trademarks of other persons applied for registration (Article 1492 of the Civil Code) in relation to homogeneous goods and having an earlier priority, if the application for state registration of the trademark is not withdrawn or is not recognized as withdrawn;

▪ trademarks of other persons protected in the Russian Federation, including in accordance with an international treaty of the Russian Federation, in relation to similar goods and having an earlier priority;

▪ trademarks of other persons, recognized in the manner established by the Civil Code as well-known trademarks in the Russian Federation, in relation to homogeneous goods.

Registration as a trademark in relation to homogeneous goods of a designation confusingly similar to any of the trademarks indicated above is allowed only with the consent of the copyright holder.

Cannot be registered as trademarks in relation to any goods - designations that are identical or confusingly similar to the appellation of origin of goods protected in accordance with the Civil Code, and in relation to homogeneous goods - with a company name, commercial designation, name of a selection achievement. On the grounds provided for in Art. 1483 of the Civil Code, legal protection is also not granted to designations recognized as trademarks in accordance with international treaties of the Russian Federation.

Use of a trademark and disposal of the exclusive right to a trademark. In accordance with paragraph 1 of Art. 1484 of the Civil Code, the person in whose name the trademark is registered (the copyright holder) has the exclusive right to use the trademark in accordance with Art. 1229 of the Civil Code in any way that does not contradict the law (exclusive right to a trademark), including the methods indicated below. The copyright holder can dispose of the exclusive right to a trademark.

The exclusive right to a trademark may be exercised to individualize the goods, works or services in respect of which the trademark is registered, in particular by placing the trademark on goods, including on labels, packaging of goods, in advertisements, on signs and in advertising. No one has the right to use, without the permission of the right holder, designations similar to his trademark in relation to goods for the individualization of which the trademark is registered, or homogeneous goods, if as a result of such use there is a possibility of confusion (clause 2 of article 1484 of the Civil Code).

In accordance with Art. 1485 of the Civil Code, the right holder, in order to notify of his exclusive right to a trademark, has the right to use a protection sign, which is placed next to the trademark, consists of the Latin letter "R" or the Latin letter "R" in a circle or the word designation "trademark" or "registered trademark mark" and indicates that the designation used is a trademark protected in the territory of the Russian Federation.

The legal protection of a trademark may be terminated early in respect of all goods or part of the goods, for the individualization of which the trademark is registered, due to non-use of the trademark continuously for any three years after its state registration (paragraph 1 of Article 1486).

According to the norm of art. 1487 of the Civil Code is not a violation of the exclusive right to a trademark, the use of this trademark by other persons in relation to goods that were introduced into civil circulation on the territory of the Russian Federation directly by the copyright holder or with his consent (exhaustion of the exclusive right to a trademark).

The right holder may provide the opportunity to use a trademark to another person by concluding with him either an agreement on the alienation of the exclusive right to this mark (Article 1488 of the Civil Code) or a license agreement (Article 1489 of the Civil Code).

Under an agreement on the alienation of the exclusive right to a trademark, one party (right holder) transfers or undertakes to transfer in full its exclusive right to the corresponding trademark in respect of all goods or in relation to a part of the goods for the individualization of which it is registered, to the other party - the acquirer of the exclusive rights. Alienation of the exclusive right to a trademark under a contract is not allowed if it may cause misleading of the consumer regarding the product or its manufacturer.

Under a license agreement, one party - the owner of the exclusive right to a trademark (licensor) grants or undertakes to grant to the other party (licensee) the right to use the trademark within the limits specified by the agreement, with or without indicating the territory in which use is allowed, in relation to a certain area of ​​business activity . The licensee is obliged to ensure that the quality of the goods produced or sold by him, on which he places the licensed trademark, meets the quality requirements established by the licensor, and the latter has the right to monitor compliance with this condition. According to the requirements for the licensee as a manufacturer of goods, the licensee and the licensor are jointly and severally liable.

An agreement on the alienation of the exclusive right to a trademark, a license agreement, as well as other agreements through which the disposal of the exclusive right to a trademark is carried out, must be concluded in writing and are subject to state registration with the federal executive body for intellectual property (paragraph 1 of Art. 1490 GK).

According to the norm of art. 1491 of the Civil Code, the exclusive right to a trademark is valid for 10 years from the date of filing an application for state registration of a trademark with Rospatent. The term of validity of the exclusive right to a trademark may be extended for 10 years at the request of the right holder, filed during the last year of the validity of this right. Moreover, the extension of the validity of the exclusive right to a trademark is possible an unlimited number of times. At the request of the right holder, he may be given six months after the expiration of the term of the exclusive right to a trademark to file the said application, subject to the payment of a fee. An entry on the extension of the term of the exclusive right to a trademark is made by Rospatent in the State Register of Trademarks and in the trademark certificate (clause 3 of article 1491 of the Civil Code).

State registration of a trademark. The procedure for filing a trademark application is regulated by Art. 1492 Civil Code, and in Art. 1493 of the Civil Code establishes the right to familiarize yourself with the documents of an application for a trademark.

The priority of a trademark is established by the date of filing an application for a trademark with Rospatent (Clause 1, Article 1494 of the Civil Code). In addition, according to paragraph 1 of Art. 1495 of the Civil Code, the priority of a trademark may be established by the date of filing the first application for a trademark in a state party to the Paris Convention for the Protection of Industrial Property (conventional priority), if the trademark application is filed with Rospatent within six months from the specified date. According to paragraph 2 of this article, the priority of a trademark placed on the exhibits of official or officially recognized international exhibitions organized on the territory of one of the member states of the Paris Convention for the Protection of Industrial Property may be established by the date of the start of the open display of the exhibit at the exhibition (exhibition priority), if the trademark application is filed with Rospatent within six months from the specified date. In accordance with paragraph 4 of Art. 1495 of the Civil Code, the priority of a trademark may also be established by the date of the international registration of the trademark in accordance with the international treaties of the Russian Federation.

According to paragraph 1 of Art. 1497 of the Civil Code, examination of a trademark application by Rospatent includes:

1) formal examination;

2) examination of the designation declared as a trademark (declared designation).

A formal examination of a trademark application is carried out within a month from the date of its submission to Rospatent (clause 1, article 1498 of the Civil Code). During the formal examination of a trademark application, the presence of the necessary application documents and their compliance with the established requirements are checked. Based on the results of the formal examination, the application is accepted for consideration or a decision is made to refuse to accept it for consideration. Rospatent notifies the applicant of the results of the formal examination. Simultaneously with the notification of a positive result of the formal examination of the application, the applicant is informed of the date of filing the application, established in accordance with paragraph 8 of Art. 1492 GK.

Examination of a designation declared as a trademark (examination of a declared designation) is carried out on an application accepted for consideration as a result of a formal examination (clause 1, article 1499 of the Civil Code). During the examination, the compliance of the declared designation with the requirements of Art. 1477 and paragraph 1 - 7 of Art. 1483 of the Civil Code and establishes the priority of a trademark. Based on the results of the examination of the claimed designation, Rospatent decides on the state registration of the trademark or on the refusal to register it (clause 2 of article 1499 of the Civil Code).

Decisions of Rospatent on refusal to accept a trademark application for consideration, on state registration of a trademark, on refusal of state registration of a trademark and on recognition of a trademark application as withdrawn may be challenged by the applicant by filing an objection with the Chamber for Patent Disputes within three months. from the date of receipt of the relevant decision or copies of materials opposed to the application requested from the specified body, provided that the applicant requested copies of these materials within a month from the date of receipt of the relevant decision (clause 1 of article 1500 of the Civil Code). And in accordance with paragraph 1 of Art. 1502 of the Civil Code, a trademark application may also be withdrawn by the applicant at any stage of its consideration, but no later than the date of state registration of the trademark.

Based on the decision on the state registration of a trademark (clause 2, article 1499 of the Civil Code), Rospatent, within a month from the date of receipt of the document confirming the payment of the fee for the state registration of the trademark and for issuing a certificate for it, carries out the state registration of the trademark in the State Register of Trademarks. If the document on payment of the above fee is not submitted in accordance with the established procedure, the registration of the trademark is not carried out, and the corresponding application for the trademark is recognized as withdrawn on the basis of the decision of Rospatent (Article 1503 of the Civil Code).

A trademark certificate is issued by Rospatent within a month from the date of state registration of the trademark in the State Register of Trademarks (Clause 1, Article 1504 of the Civil Code). The form of a trademark certificate and the list of information indicated in it, as well as in relation to certificates for other means of individualization, are established by the federal executive body in charge of legal regulation in the field of intellectual property (Ministry of Education and Science of Russia).

Information related to the state registration of a trademark and entered in the State Register of Trademarks in accordance with Art. 1503 of the Civil Code are published by Rospatent in the official bulletin immediately after the registration of the trademark in the State Register of Trademarks or after the relevant changes are made to the State Register of Trademarks (Article 1506 of the Civil Code).

According to the norm of art. 1507 of the Civil Code, Russian legal entities and citizens of the Russian Federation have the right to register a trademark in foreign countries or to carry out its international registration. An application for international registration of a trademark is filed by Rospatent.

Features of legal protection of a well-known trademark. In accordance with paragraph 1 of Art. 1508 of the Civil Code at the request of a person who considers the trademark used by him or the designation used as a trademark to be a well-known trademark in the Russian Federation, a trademark protected in the territory of the Russian Federation on the basis of its state registration or in accordance with an international treaty of the Russian Federation, or a designation used as a trademark, but which does not have legal protection on the territory of the Russian Federation, by decision of Rospatent may be recognized as a well-known trademark in the Russian Federation, if this trademark or this designation as a result of the intensive use of steel on the date specified in the application is widely known in the Russian Federation among relevant consumers in relation to the applicant's goods. A well-known trademark is provided with legal protection provided for by the Civil Code for a trademark. Providing legal protection to a well-known trademark means recognizing the exclusive right to a well-known trademark. Legal protection of a well-known trademark is valid indefinitely (Clause 2 of Article 1508 of the Civil Code).

The legal protection of a well-known trademark also extends to goods that are not homogeneous with those in respect of which it is recognized as well-known, if the use of this trademark by another person in relation to these goods will be associated by consumers with the owner of the exclusive right to the well-known trademark and may infringe on the legitimate interests of such owner (clause 3 of article 1508 of the Civil Code).

In accordance with Art. 1509 of the Civil Code, a trademark recognized as well-known is entered by the federal body into the List of well-known trademarks in the Russian Federation (List of well-known trademarks). A certificate for a well-known trademark is issued by Rospatent within a month from the date of entering the trademark into the List of Well-Known Trademarks. Information relating to a well-known trademark is published by Rospatent in the official bulletin immediately after it is included in the List of well-known trademarks.

Features of legal protection of a collective mark. According to Art. 1510 of the Civil Code, an association of persons, the creation and activities of which do not contradict the legislation of the state in which it was created, has the right to register a collective mark in the Russian Federation. In accordance with paragraph. 2 p. 1 art. 1510 of the Civil Code, a collective mark is a trademark intended to designate goods produced or sold by persons belonging to a given association and having uniform characteristics of their quality or other common characteristics. Each member of the association can use a collective mark.

The right to a collective mark cannot be alienated and cannot be the subject of a license agreement (clause 2, article 1510 of the Civil Code). A person who is a member of an association that has registered a collective mark has the right to use his trademark along with the collective mark (clause 3 of article 1510 of the Civil Code).

In accordance with paragraph 1 of Art. 1511 of the Civil Code, the charter of the collective mark is attached to the application for registration of a collective mark filed with Rospatent.

In the State Register of Trademarks and a certificate for a collective mark, in addition to the information provided for in Art. 1503 and 1504 of the Civil Code, information is entered on the persons entitled to use the collective mark. This information, as well as an extract from the charter of the collective mark on uniform quality characteristics and other general characteristics of the goods in respect of which this mark is registered, is published by Rospatent in the official bulletin.

Termination of the exclusive right to a trademark. Protection of trademark rights. The grounds and procedure for challenging and invalidating the granting of legal protection to a trademark are established accordingly in Art. 1512 and 1513 Civil Code. The termination of legal protection of a trademark is stated in Art. 1514 Civil Code. One of the grounds for terminating the legal protection of a trademark is, in particular, the adoption by Rospatent, at the request of an interested party, of a decision on the early termination of the legal protection of a trademark in the event of its transformation into a designation that has come into general use as a designation of goods of a certain type.

Responsibility for the illegal use of a trademark is established in Art. 1515 GK. In accordance with this article, goods, labels, packaging of goods on which a trademark or a confusingly similar designation is illegally placed are counterfeit. The right holder has the right to demand their withdrawal from circulation and destruction at the expense of the infringer. In cases where the introduction of such goods into circulation is necessary in the public interest, the right holder has the right to demand the removal, at the expense of the infringer, from counterfeit goods, labels, packaging of goods of an illegally used trademark or a designation confusingly similar to it.

The right holder has the right to demand, at his choice, from the infringer, instead of compensation for losses, payment of compensation:

▪ in the amount of 10 thousand rubles. up to 5 million rubles, determined at the discretion of the court based on the nature of the violation;

▪ twice the cost of the goods on which the trademark is illegally placed, or double the cost of the right to use the trademark, determined on the basis of the price that, under comparable circumstances, is usually charged for the lawful use of the trademark.

30.3. Right to appellation of origin

The names of their places of origin placed on them can also serve as a means of individualization of goods used for commercial purposes. According to paragraph 1 of Art. 1516 of the Civil Code, the appellation of origin of goods to which legal protection is granted is a designation that is or contains a modern or historical, official or unofficial, full or abbreviated name of a country, urban or rural settlement, locality or other geographical object, as well as a designation derived from such a name and became known as a result of its use in relation to a product, the special properties of which are exclusively or mainly determined by the natural conditions and (or) human factors characteristic of a given geographical object.

Examples of the use of the appellation of origin of goods can serve as designations such as "Russian flax" (the country of origin is indicated) or "Orenburg downy shawl" (the quality of the product is due to natural factors, as well as the skills and abilities of craftsmen living in the area).

The exclusive right (Articles 1229 and 1519 of the Civil Code) of the producers of such goods may be recognized to use the name of the place of origin of goods.

A designation, although representing or containing the name of a geographical object, but which has come into general use in the Russian Federation as a designation of a certain type of product that is not associated with the place of its production (for example, "Tula gingerbread") is not recognized as an appellation of origin of goods.

On the territory of the Russian Federation, there is an exclusive right to use the name of the place of origin of goods, registered by the federal body, as well as in other cases provided for by an international treaty of the Russian Federation.

State registration as an appellation of origin of goods of the name of a geographical object located in a foreign state is allowed if the name of this object is protected as such an appellation in the country of origin of the goods. The owner of the exclusive right to use the name of the indicated place of origin of goods can only be a person whose right to use such a name is protected in the country of origin of the goods (Article 1517 of the Civil Code).

The name of the place of origin of goods in accordance with Art. 1518 of the Civil Code is recognized and protected by virtue of the state registration of such a name.

The appellation of origin of goods may be registered by one or more citizens or legal entities.

Persons who have registered the appellation of origin of goods are granted the exclusive right to use this appellation, certified by a certificate, provided that the goods produced by these persons meet the requirements of paragraph 1 of Art. 1516 GK.

The exclusive right to use the appellation of origin of goods in relation to the same appellation may be granted to any person who, within the boundaries of the same geographical object, manufactures goods with the same special properties, on the basis of a relevant application filed by him with the federal body.

According to Art. 1519 of the Civil Code, the copyright holder has the exclusive right to use the name of the place of origin of goods in accordance with Art. 1229 of the Civil Code in any way that does not contradict the law (exclusive right to the name of the place of origin of goods), including the methods indicated below (clause 1).

The use of the appellation of origin of goods is considered, in particular, the placement of this appellation on goods, labels, packaging of goods, in advertising, prospectuses, invoices, letterheads and other documentation related to the introduction of goods into civil circulation (clause 2).

Goods, labels, packaging of goods on which the names of the places of origin of goods or designations similar to them to the point of confusion are illegally used are counterfeit (clause 3).

Disposal of the exclusive right to an appellation of origin of goods, including by alienating it or granting another person the right to use this appellation, is not allowed (clause 4).

As provided by Art. 1520 of the Civil Code, the holder of a certificate of exclusive right to an appellation of origin of goods, in order to notify of his exclusive right, may place a sign of protection next to the appellation of origin of goods in the form of a verbal designation "registered appellation of origin" or "registered AO", indicating that that the designation used is the name of the place of origin of the goods, registered in the Russian Federation.

The federal body conducts an examination of an application for an appellation of origin, which includes a formal examination and examination of a designation declared as an appellation of origin (declared designation).

A formal examination of an application for an appellation of origin of goods is carried out within 2 months from the date of its submission to the federal body.

Examination of the declared designation for compliance of such designation with the requirements of Art. 1516 of the Civil Code is carried out on an application accepted for consideration as a result of a formal examination. In the course of this examination, the validity of indicating the place of origin (production) of goods on the territory of the Russian Federation is also checked.

According to Art. 1528 of the Civil Code, decisions of the federal body to refuse to accept an application for an appellation of origin for consideration, to recognize such an application as withdrawn, as well as decisions of this body adopted on the basis of the results of an examination of the claimed designation (Article 1526 of the Civil Code), may be challenged by the applicant by filing objections to the chamber for patent disputes within 3 months from the date of receipt of the relevant decision.

On the basis of a decision taken on the basis of the results of an examination of the claimed designation (Article 1526 of the Civil Code), the federal body carries out state registration of the name of the place of origin of goods in the State Register of Names.

Within a month from the date of receipt of the document confirming the payment of the fee for its issuance, the federal body issues a certificate of the exclusive right to the appellation of origin of goods (Article 1530 of the Civil Code).

In accordance with Art. 1531 of the Civil Code, this certificate is valid for 10 years from the date of filing an application for an appellation of origin of goods with the federal body.

The period of validity of a certificate of the exclusive right to an appellation of origin may be extended at the request of the holder of the certificate and subject to the submission of the conclusion of the competent authority, determined in accordance with the procedure established by the Government of the Russian Federation, that the holder of the certificate produces within the boundaries of the corresponding geographical object a product that has the special properties specified in the State Register of Names.

An application for renewal of a certificate shall be submitted within the last year of its validity.

At the request of the holder of the certificate, he may be given 6 months after the expiration of the certificate to apply for an extension of this period, subject to the payment of an additional fee.

The validity period of the certificate is extended every time for 10 years.

Information related to the state registration of the appellation of origin of goods and the granting of the exclusive right to such an appellation and entered into the State Register of Appellations in accordance with Art. 1529 and 1532 of the Civil Code, with the exception of information containing a description of the special properties of the goods, are published by the federal body in the official bulletin immediately after they are entered in the State Register of Names (Article 1533 of the Civil Code).

As stated in Art. 1534 of the Civil Code, Russian legal entities and citizens of the Russian Federation have the right to register the appellation of origin of goods in foreign countries. An application for registration of an appellation of origin in a foreign state may be filed after the state registration of the appellation of origin and the granting of the exclusive right to such an appellation in the Russian Federation.

Responsibility for the illegal use of the appellation of origin of goods is defined in Art. 1537 of the Civil Code and is similar to liability for the illegal use of a trademark.

30.4. Right to a commercial designation

In § 4 ch. 76 of the Civil Code establishes the institution of the right to a commercial designation. According to Art. 1538 of the Civil Code, legal entities engaged in entrepreneurial activities (including non-profit organizations that are granted the right to carry out such activities in accordance with the law by their constituent documents), as well as individual entrepreneurs, can use trade, industrial and other enterprises belonging to them to individualize (Art. 132 of the Civil Code) commercial designations that are not company names and are not subject to mandatory inclusion in the constituent documents and the unified state register of legal entities. In accordance with paragraph 2 of this article, a commercial designation can be used by the right holder to individualize one or more enterprises. Two or more commercial designations cannot be used simultaneously to individualize one enterprise.

In accordance with Art. 1539 of the Civil Code, the copyright holder has the exclusive right to use a commercial designation as a means of individualizing an enterprise belonging to him in any way that does not contradict the law (the exclusive right to a commercial designation), including by indicating the commercial designation on signboards, letterheads, invoices and other documentation, in announcements and advertising, on goods or their packaging, if such a designation has sufficient distinctive features and its use by the right holder to individualize his enterprise is known within a certain territory. It is not allowed to use a commercial designation that is capable of misleading as to whether the enterprise belongs to a certain person, in particular, a designation that is confusingly similar to a trade name, trademark or an exclusive right-protected commercial designation owned by another person who has previously acquired the corresponding exclusive right. A person who violates these rules is obliged, at the request of the right holder, to stop using the commercial designation and compensate the right holder for the losses caused.

The exclusive right to a commercial designation may be transferred to another person (including under an agreement, by way of universal succession and on other grounds established by law) only as part of an enterprise for the individualization of which such a designation is used. If a commercial designation is used by the right holder to individualize several enterprises, the transfer to another person of the exclusive right to a commercial designation as part of one of the enterprises deprives the right holder of the right to use this commercial designation to individualize his other enterprises.

The right holder may grant another person the right to use his commercial designation in the manner and on the terms provided for by the enterprise lease agreement (Article 656) or commercial concession agreement (Article 1027 of the Civil Code).

According to the norm of paragraph 1 of Art. 1540 of the Civil Code on the territory of the Russian Federation, there is an exclusive right to a commercial designation used to individualize an enterprise located on the territory of the Russian Federation. The exclusive right to a commercial designation is terminated if the right holder does not use it continuously during the year (paragraph 2 of article 1540 of the Civil Code).

A commercial designation or individual elements of this name can be used by the right holder in a trademark owned by him. A commercial designation included in a trademark is protected regardless of the protection of the trademark (Article 1541 of the Civil Code).

Author: Ivakin V.N.

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Summer is a time for relaxation and travel, but often the heat can turn this time into an unbearable torment. Meet a new product from Sony - the Reon Pocket 5 mini-air conditioner, which promises to make summer more comfortable for its users. Sony has introduced a unique device - the Reon Pocket 5 mini-conditioner, which provides body cooling on hot days. With it, users can enjoy coolness anytime, anywhere by simply wearing it around their neck. This mini air conditioner is equipped with automatic adjustment of operating modes, as well as temperature and humidity sensors. Thanks to innovative technologies, Reon Pocket 5 adjusts its operation depending on the user's activity and environmental conditions. Users can easily adjust the temperature using a dedicated mobile app connected via Bluetooth. Additionally, specially designed T-shirts and shorts are available for convenience, to which a mini air conditioner can be attached. The device can oh ... >>

Energy from space for Starship 08.05.2024

Producing solar energy in space is becoming more feasible with the advent of new technologies and the development of space programs. The head of the startup Virtus Solis shared his vision of using SpaceX's Starship to create orbital power plants capable of powering the Earth. Startup Virtus Solis has unveiled an ambitious project to create orbital power plants using SpaceX's Starship. This idea could significantly change the field of solar energy production, making it more accessible and cheaper. The core of the startup's plan is to reduce the cost of launching satellites into space using Starship. This technological breakthrough is expected to make solar energy production in space more competitive with traditional energy sources. Virtual Solis plans to build large photovoltaic panels in orbit, using Starship to deliver the necessary equipment. However, one of the key challenges ... >>

Random news from the Archive The fire will be suffocated 23.12.2000 The Luxembourg company "Seode" offers a simple and reliable system of automatic fire extinguishing that does not require power supply. In fire-hazardous places, such as in electrical cabinets or along cables like those that caught fire at the Ostankino television tower, a network of polymer tubes about a centimeter in diameter is laid. The tubes are connected to a high-pressure cylinder filled with an extinguishing agent suitable for extinguishing a fire in a particular place - water, foam, powder, nitrogen or carbon dioxide. If a fire occurs near such a tube, it begins to soften and bursts at 110 degrees Celsius, releasing an extinguishing agent under a pressure of about 5 atmospheres. According to the developers, this system will be especially effective on aircraft and ships.

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