Legal regulation of use of third parties trademarks in the advertisement of goods or services for comparison purposes

This work deals with the topic " Legal regulation of use of third parties trademarks in the advertisement of goods or services for comparison purposes" The main problem in the framework of this theme is the lack of legislative regulation and court practice on the topic of lawfulness of the criteria for the use of trademarks of third parties for the purpose of comparative advertising goods of advertiser. The author formed the concept of comparative advertising and its differences from the illegal ways of advertising, carried out a detailed comparative analysis of the legislation and practices in order to identify criteria for the legality of the use of trademarks of third parties in comparative advertising without consent of its owners in foreign legal systems (US, EU, UK, India) and in Russia. The author also focuses on the comparison of available to competitor tools of protection of trademark rights in the case of use of its trade mark in comparative advertising without his consent in foreign legal systems and in Russia. According to the results of the comparative analysis author forms proposals to improve the existing legislation in the following areas: Part 4 of the Civil Code, the Federal Law of 13.03.2006 N 38-FZ "On Advertising", Federal Law of 26.07.2006 N 135-FZ "On Protection of Competition".