Powered by OpenAIRE graph
Found an issue? Give us feedback
addClaim

Issues of legal protection of non-traditional trademarks in Ukraine

Проблеми правової охорони нетрадиційних торговельних марок в Україні
Authors: Mykhailo Chemisov;

Issues of legal protection of non-traditional trademarks in Ukraine

Abstract

The article examines issues of legal protection of non-traditional trademarks in Ukraine in the context of national legislation and international standards, in particular, the EU practice. The subject of the study is the legal regime governing positional, sound, olfactory, holographic, motion, and multimedia signs. Regulatory developments in trademark registration are analysed alongside practical difficulties arising during the examination of applications. Attention is paid to the lack of clear criteria for assessing distinctive character, the complexity of perception and representation of non-traditional signs, technical limitations of registration systems, and the insufficiency of evidentiary support. It is established that, despite the gradual harmonisation of Ukrainian legislation with European approaches, the system of non-traditional trademarks protection remains fragmented and inconsistent. The study concludes that further improvement is required to ensure effective legal protection. Based on the findings, it is proposed to enhance methodological guidance for examiners, refine legislative criteria for registration, and improve enforcement practices to increase the overall effectiveness of trademark protection.

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Fields of Science
Fields of Science
Upload OA version
Are you the author of this publication? Upload your Open Access version to Zenodo!
It’s fast and easy, just two clicks!