The criteria for distinguishing the elements of unfair competition and abuse of the trade mark rights during the process of trade mark registration have not been developed either at the level of the doctrine or judicial practice. These institutions are often commingled. In this paper the authors justify inadvisability of applying elements of unfair competition to the trade mark registration. Based on the analysis of judicial practice, it is possible to conclude that unfair trademark registration does not always affect competition. Even in cases when there is a likelihood of such an impact, the courts do not establish the existence of such an impact and do not determine possible competitors of the right holder. The conclusion concerning the applicant's good faith or bad faith during the process of the trademark registration must be made in terms of conformity with the trademark functions (improvement of the quality of goods, reduction of the cost of the consumer choice, etc.), and not only in terms of securing free competition. If a sign was previously used without registration by other persons registered as a trademark, a distinction must be made between two cases. First, when an applicant is interested in using the trademark and associating his own positive reputation (good will) with it. Before an application for registration was filed, he had used a sign along with other persons and that sign had not lost its differentiating capacity. In this situation, registration is consistent with the institutional designation of the trademark, although it is detrimental to the interests of competitors. The sign becomes a fully fledged identifier indicating the source of the goods, and the risk of misleading consumers is diminished. Therefore, the trademark registration must be retained. Second, when an application for the registration of a trademark is submitted by an entity that is not interested in using the trademark, but is acting solely for the purpose of causing harm to the competitor, the acts of an applicant should be terminated. In this case, the trademark registration should be recognized as invalid. Under current laws, the registration of a trademark for inappropriate purposes should be characterized as an abuse of the right. The trademark de lege feranda registration on the grounds of bad faith must be immediately challenged in court. Within the current legislative framework at the level of judicial practice, it is justifiable to formulate a clear conclusion that there is a possibility to use a separate claim to treat the trademark registration as the abuse of the right.