Deceptiveness as a negative criterion for trademark protection

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This article is dedicated to the analytical and legal exploration of the concept of «deceptiveness of signs» as one of the negative criteria for the registrability of a trademark through the lens of comparative legal research of this definition. In this study, the possibility of classifying the term «deceptiveness of a sign» within the theoretical and legal research framework as a general legal category is argued, relative to the terms «signs that may mislead concerning goods or services» and «signs that may mislead concerning the person who produces the goods or provides the service». The article highlights the positive aspects of the changes introduced to Ukrainian legislation, in particular, the elimination of the term «deceptive signs» by Ukrainian legislators. Within the scope of this article, the content of the concepts of «deceptiveness of signs», «signs that may mislead regarding goods or services» and «signs that may mislead regarding the person who produces the goods or provides the service» has been investigated. The article discusses the relevant aspects of the European Union’s experience concerning the legal interpretation of the deceptiveness of trademarks in the context of their registrability. The study outlines the main approaches based on which the issue of the deceptiveness of signs is examined as a criterion for granting or refusing legal protection as a trademark. The author proposes an original approach to the classification of deceptive signs based on criteria such as the subject of deception and the degree of consumer misdirection. To achieve the goal set, the author used several methods typical of legal science, including system-structural and comparative-legal methods, as well as the dialectical method of legal reality cognition. The research was conducted primarily using the formal-dogmatic method, which enabled the identification and analysis of legal approaches to the interpretation of the concepts of «deceptiveness of signs», «signs that may mislead regarding goods or services» and «signs that may mislead concerning the person who produces the goods or provides the service.» The article also utilized the methods of analysis and synthesis, based on which the author proposed original approaches to classifying deceptive signs based on relevant criteria.