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Civil law. Parts I, III and IV. Personalization tools (most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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72. INDIVIDUALIZATION MEANS

Brand name commercial organization - the name under which the legal entity acts in civil circulation. The company name is indicated in the constituent documents and is included in the unified state register when registering a legal entity. faces.

The main function of a brand name is the individualization of participants in civil circulation.

Subjects of law on the brand name are commercial organizations.

The legal entity owns exclusive right using your 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, contracts and other documentation, in announcements and advertisements, on goods or their packaging .

Disposal of the exclusive right to a company name не допускается.

According to the Paris Convention for the Protection of Industrial Property, a trade name is protected in all countries participating in the convention, without the need for an application or registration, and regardless of whether it is part of a trademark.

Trademark - this is a designation that serves to individualize the goods of legal entities or individual entrepreneurs. The exclusive right to a trademark is certified by a certificate.

Service mark - this is a designation that serves to individualize the work performed by legal entities or individual entrepreneurs or the services they provide. Trademarks and service marks are governed by the same rules.

Subject of exclusive right A trademark may be a legal entity or an individual entrepreneur. The subject (copyright holder) is the person in whose name a trademark certificate has been received.

Depending on the content of the designation, the following types of trademarks are distinguished: verbal, visual, volumetric, combined, other.

Depending on the number of entities that have the right to a trademark, there are individual and collective trademarks. The subject of the right to a collective mark is an association of persons. The right to use such a mark belongs to each member of the association. In this case, the collective mark must designate goods produced or sold by persons included in the association and having common characteristics of their quality or other common characteristics. The right to a collective mark cannot be alienated and cannot be the subject of a licensing agreement.

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