COMMERCIAL (FIRM) NAME AS A MEANS OF INDIVIDUALIZATION

Abstract

A commercial designation along with the trade name is usually attributed to the means of individualization of the participants of economic turnover. The fundamental rules of protection and use of commercial (firm) names are reflected in commercial, civil and othercodes, the trade legislation, unfair competition prevention laws and so forth.The means of individualization are designed to distinguish both the producers and goods and services of one producer from the homogeneous goods and services of another producer. Therefore, a indispensable prerequisite for the protection of the means of individualization is the correct consolidation of rights. Otherwise, company, firm etc becomes vulnerable and can be seriously affected by the actions of unscrupulous competitors.Each commercial organization, that is, an organization with the intention of its activities to make a profit, tries to distinguish its products from many similar products, providing it with unusual packaging, shape, special qualities, conducting advertising campaigns, exhibitions, fairs and so on. At the same time, a legal or natural person holds itself out in a certain sector of the market, by acquiring abusiness reputation, by concluding long-term agreement, in other words, individualizing itself as a participant to a civil transaction. Mere commercial (firm) name, as a means of individualization, comes first.A commercial (firm) name is the individualizing name of legal entities and individual entrepreneurs and by which industrial or commercial activity is carried out.A commercial (firm) name is a means of identification of the person and its activity and is used in transactions, on signages, in announcements, in documentation, in advertising and so forth.Collision of similar means of individualization occur more often. Certainly, much of these conflicts arises unintentionally. However, a significant number of disputes occupy, where one of the parties intentionally caused uses other people's means of individualization,trying to increase their competitive advantages.The aim of this article is to consider the issues of positioning of a legal entity or a natural person in a certain sector of the market, the acquisition of business reputation, that is, individualizing itself as a participant of civil transaction.