New Types of Trademarks

Increasing demand for new types of trademarks from the Russian and foreign companies, the lack of sufficient legal regulation in this sphere, as well as a small number of fundamental research on this subject made the topic of this work very important. Research papers of the Russian and foreign authors became the theoretical basis of this study. The most significant statements and collusions relevant for the topic were found in the works written by P.V. German, R.A. Karliev, A.S. Vorozhevich, V.O. Kalyatin, K.D. Savitskaya and V.S. Lambina, D.V. Filippenkova, K. Port, L.J. Gibbons, I. Kalboli. The work defines the trademark as an object of legal protection, examines the phenomenon of new types of trademarks in terms of maintaining the balance in IP law, analyzes the provisions of legislation regarding formal requirements for applications for new types of trademarks, studies law enforcement practice as regards to protection of new types of trademarks. Research allowed to reveal tendencies of legal regulation of new types of trademarks. A significant number of decisions of IP Court and the Chamber of patent disputes has been analyzed. Based on the results of the research, author suggested the possible ways of improving the legal framework in this area.