PROTECTION OF INTELLECTUAL PROPERTY RIGHTS ON TRADEMARKS

Abstract

The article examines issues of intellectual property protection for trademarks for goods and services. The analysis of legal the procedure and methods of protection was done. There was analyzed the jurisprudence, including the positions of supreme courts, on the subject of this scientific research. There was found that in the cases concerning the protection of intellectual property rights for trademark and service courts use methods of protection provided by special legislation (Law of Ukraine «On Protection of Rights to Trademarks and service»). This is due to the legal nature of the mark. The features of protection of trademarks for goods and services in domain disputes determine which claims can go to court in this category of cases. The ways to protect the rights to sign in domain disputes actions are the recognition of individual use of domain names in violation of marks for goods and services; termination of delegation of domain names that have illegally used trademarks for goods and services; take measures to re-delegation of the domain name to the name of the plaintiff and others. The way of the protection of the trademarks is the prohibition of use of the mark by others. Owners of the certificates of marks for goods and services have the right to prohibit others from using not only identical trademark, but the similar to the trademark of this sign designation. The conclusions about the combination of several special methods of protection for trademarks for goods and services in cases of infringement of trademark rights (Recognition Certificate the invalid, cancel the registration of the mark) were done. Certificate is recognized as invalid by the court if it based on non-compliance registered trademarks conditions for legal protection. If the similarity of signs is not obvious, the must appoint forensic examination. Courts should not establish similarity of signs for the goods and services at its sole discretion, taking over the functions of the expert that not typical to court. In disputes about the recognition of certificates of marks invalid the registration as a defendant must be State Intellectual Property Service of Ukraine (the body entrusted with the authority to issue certificates of marks for goods and services). With this claim the plaintiffs use a complementary way to protect – a cancel the registration of the trademark. The way to protect the rights of the person wishing to use the mark for the goods and services that is not used for three years, is to require early termination of the certificate to sign. Failure to sign the certificate owner for a long period indicates a loss of interest in the mark and is irrelevant action legal protection of the mark. There was considered to recognize the mark is well known as a way to protect the rights and a way of providing legal protection mark (depending on the appeals to court or to the Appellate Chamber of the State Intellectual Property).