Value-legal aspects of providing legal protection of rights to trademark in Ukraine

Abstract

The paper reveals the relevance of scientific knowledge of the value and legal aspects of understanding the signs for goods and services as a basis for legal support of rights to them. The philosophical and scientific basis of scientific research of value-legal aspects of understanding of signs for goods and services is established. The scientific views of scientists concerning understanding of value and legal aspects of signs for the goods and services are generalized. It is concluded that the current state of scientific development of axiology of understanding of signs for goods and services indicates the episodic nature of these studies, as the scientific study of these issues was carried out indirectly through scientific analysis of other related legal phenomena and processes. The author summarizes the methodological potential of the valuelegal approach to the understanding of signs for goods and services. Based on the analysis of doctrinal approaches to understanding the value and legal aspects of marks for goods and services, the value and legal aspects of legal protection of rights to marks for goods and services in Ukraine are determined. It is concluded that the essence and content of legal protection of trademark rights for goods and services will be determined by the functional purpose of the brands themselves, which in turn will characterize the value of legal protection of trademarks as a whole. The legal protection of trademark rights for goods and services has a guarantee value in relation to the latter in terms of their ability to individualize goods and services through their separation among homogeneous goods and services on the market. It is proved that the legal protection of trademark rights for goods and services allows their public distribution and advertising of goods and services.