Scientific and practical analysis of requirements of persons interested parties in the relation to trademarks
Keywords:
trademark, interested party, bankruptcy, trademark priority, USA, Russian Federation, Germany, Great Britain, Paris Convention, “Красный октябрь», “Astera”, “Золотой петушок”, “Петушок – золотой гребешок”, “Золотой ключик”.Abstract
By virtue of Article 1104 of the Civil Code of the Republic of Uzbekistan, the practice of early termination of the trademark agreement in the Republic of Uzbekistan is exercised by the courts of national and foreign countries, as a consequence of non-use of a trademark. The analysis of experience of foreign countries and the judicial practice reveal that the practice of early termination of trademark agreements at the request of an interested person on the basis of national legislation is not in compliance with modern framework of international legal regulations. In particular, in the legislation of Uzbekistan, there are no certain norms governing the early termination of the use of trademarks. For example, the national law does not establish a mechanism for early termination of the use of a trademark on the basis of the claims of an interested party. The article analyzes the provisions on early termination of the use of a trademark in the legislation and judicial practice of the Russian Federation, Germany, Great Britain and the United States. In connection with the non-use of a certificate for a trademark, proposals and recommendations are developed to improve the consideration of disputes concerning the early termination of trademark agreement by courts.
