The use of trademarks aims to simultaneously perform several tasks. From the point of view of a potential buyer, a trademark should help him make a decision on the acquisition of a particular product. That is, a potential buyer who requires a product with certain qualities or other characteristics should have a clear index. Thus, the first of the functions of the trademark is to transfer information about the manufacturer and its product to the consumer. The second function of the trademark is actually the ability of the manufacturer to recognize its products among other similar products after they have passed into the possession of third parties, for example, stores. The function of the trademark is to assist state authorities responsible for quality control or other characteristics of the goods. However, in the sphere of trade not only goods but also services are circulated. The latter are provided by transport and insurance companies, travel and excursion bureaus, advertising agencies, etc. The service businesses, such as hotels, restaurants, airlines, car rental agencies, dry cleaners, etc., use “service marks” accordingly. which are actually their calling card. The legal content of the concept of trademark is reflected in its function of vesting the owner with exclusive rights, because the right to a trademark is one of the objects of the right of ownership. This right is an absolute property right. This means that an unlimited number of obligated subjects, who should not violate this right by their actions, oppose the eligible subject. The essence of the right of ownership is that it provides the owner with an appropriate attitude on the part of others around him and thus makes it possible to own, use and dispose of property belonging to him, as well as to prohibit others from using it. It is known that, on the basis of the emergence of trademark rights, most modern states can be divided into states in which the principle of registration is valid (Ukraine, Russia, Poland, France, Sweden, Spain, etc.) and states in which the principle of first use applies (USA , Canada, UK). Accordingly, in states where the principle of registration is valid, the right to a trademark arises after its registration with the relevant state body, whereas in countries where the principle of first use operates, the very first use of a trademark is the moment of the right of ownership to it.
Крылова и партнеры / Use of trademarks