Usage of Trademarks in Advertising

<p>The aim of this thesis is to investigate the use of trademarks in advertising. The thesis statement claims that not every placement of trademark in advertising should be recognized as trademark use according to the civil legislation. Therefore the goal of the thesis is to study the essence of trademark use in accordance with the civil legislation, to determine the scope of trademark legal protection including the regulations on the trademark right exhaustion and to study the significance of trademark use concept in advertising and competition legislation. The thesis also covers special aspects of trademarks registration that influence the scope of trademark protection.</p><p>Moreover, about the thesis investigates placement of trademarks in advertising with regard to the&nbsp; advertising law. The aspects analyzed include the scope of advertising law application, the restrictions on trademark use in advertising imposed by the rightholder and third parties.</p><p>Another aim of the thesis is to analyze the current practice of trademark use in joint marketing campaign, including the issue of using a trademark without any license agreement in such cases.</p><p>The thesis concludes that trademark use for purposes of individualization and identification of goods and services is strongly different. According to the civil legislation the actual trademark use means placement of trademark only for individualization of goods and services. Placement of trademark for identification of goods and services, that is for information purposes, can not be recognized as trademark use according to the civil law.</p><p>Another conclusion of the thesis is related to the aspects of trademark use in advertising law. For example, advertising law restrictions cover not only cases of trademark use according to civil law but also any case of trademark placement in advertising.</p><p>As to trademark use in joint marketing campaign, the thesis contains the idea that trademark placement in such situations is not a trademark use according to the civil law, so there is no necessity in signing license agreements by the parties. However it is noted that seeking approvals for trademark placement in advertising is recommended for defense from any claims of the trademark rightholder.</p>