ISSUES OF DETERMINATION OF THE LEGAL STATUS OF TRADEMARKS
Abstract
The legal status of trademarks comes into attention in the sphere of the production of goods as a means of individualization. The legal status of a trademark owner is also particularly important in order to determine the status of a trademark. It is the owner of the trademark, who determines the fate of the trademark. In other cases, such as civil contractual relations, or the use of trademarks by way of unfair competition, the legal status of a trademark becomes a unique subject of regulation. A trademark, as a means of individualization, determines the belonging of a specific type of product to a particular owner. However, the current laws regulating the use of trademarks do not specifically define issues of its status. It is worth pointing that some norms of the laws contradict each other. Additionally, it is impossible to apply a legal analogy while determining the procedure for the use of trademarks in contractual relations. This article is aimed to analyze relevant provisions of the legislative acts regulating the issues of determination of the legal status of trademarks followed by providing suggestions on the improvement and unification of the current legislation.