Year of Graduation
Protection of Trademark Rights
Irina Yurievna Mirskikh
Legal Support and Protection of Business
Since the introduction of the fourth part of the Civil Code of the Russian Federation, there has accumulated a vast practice of courts of all instances to resolve various categories of cases involving the application of liability measures for the trademark infringement. The discovery of problems in judicial practice will contribute to the formation of an effective and uniform judicial procedure, which is the key to strengthening the relations of all participants in the commodity market. There is necessary to focus on the functional essence, the designation of the trademark as a means of individualization when establishing the trademark infringement. It is noted that the main task of the legislator and law enforcement agents is to ensure the implementation of rights to trademarks in a form that corresponds to their functional purpose: individualization of goods among others, informing the buyer about the origin of the goods, displaying the reputation of the producer.