Types of infractions of trademark property rights. Аnalysis of judicial practice

Abstract

Keywords: Property rights to the trademark, infractions of property rights, judicialpractice, protection of trademark rights, invalidation of the trademark certificate,early termination of the certificate
 The relevance of this article is that the largest number of legaldisputes in the sphere of intellectual property is disputes concerning violation of propertyrights for trademarks. The article examined the theoretical provisions of propertyrights for trademarks, as well as practical issues of violations of these rights. Specialattention is paid to the analysis of judicial practice concerning protection of rightsto trademarks. The categories of the mentioned cases have been highlighted and discussedin detail, statistical data and decisions have been made. It has been found thatthe overwhelming number of cases investigated concerns recognition of the Ukrainiantrademark certificate as invalid.The court cases on protection of rights to trademarks can be divided into severalcategories according to the claim requirements:1) On the recognition of the Ukrainian trademark certificate as invalid in whole orin part (for all or part of goods and/or services);2) On termination of infringement of intellectual property rights on the trademarkand obligation to take certain actions;3) On early termination of the Ukrainian trademark certificate in whole or in part(for all or part of goods and/or services);4) Other court cases. For example, the recognition of the non-legal patent ofUkraine for industrial design due to violation of rights for the registered trademark.The article contains detailed consideration of the mentioned categories of casesand statistical data about them.The analysis of judicial practice made it possible to establish the following statisticaldata: cases of invalidation of a trademark certificate are 47 %; cases on termination of infringementof rights to the trademark are 25 %; cases on early termination of the trademarkcertificate are 25 %; other cases on protection of rights to trademarks make 3 %.In addition, the analysis of court practice allowed to establish that 75 % of courtcases concerning protection of rights to trademarks are decided to satisfy the claim infull or in part.