Trademark as an object of intellectual property rights

Abstract

The article analyzes the historical retrospective of the origin and development of trademarks. The second half of the nineteenth century saw the emergence of intellectual property as an independent legal category, and the need for legal protection of marks of individualization of goods and producers was recognized. It is established that Ukrainian legislation uses various terms, such as “mark for goods and services”, “trademark”, “trade mark” etc. This is a negative aspect, as it may cause certain misunderstandings and complications in the interpretation and application of the relevant legal provisions. Based on the provisions of current legislation and scientific works of various authors, the author formulates the definition of the concept of “trademark”, and outlines its features and key functions. It is established that Ukrainian legislation does not provide an exhaustive list of designations which may be registered as trademarks. Instead, the legislation establishes the general principle of “distinctiveness”. In practice, such abstraction is a negative phenomenon, since it does not provide persons wishing to register a trademark with clear criteria of compliance. The author analyzes the trademark registration procedure. According to this procedure, a person wishing to register a certain designation as a trademark applies to the National Intellectual Property Authority and files an application for registration. The author concludes that a trademark certificate is an official document confirming the applicant’s exclusive rights to use a trademark in respect of specific goods or services specified therein.