Collision of the Right to a Trademark and the Right to a Commercial Name

The study researches the problem of the collision between two means of individualization: the right to a trademark and the right to a commercial name. The author has identified difficulties encountered in judicial practice in resolving cases related to the early termination of legal protection of a trademark due to the presence of an identical or similar to the degree of confusion commercial name, the right to which arose earlier than the priority date of the trademark. This work is aimed at a comprehensive study of the existing problem, as well as the development of theoretical approaches to its solution. During the study, a comparative characterization of the above-mentioned means of individualization was made and relevant judicial practice was studied. In addition, the legal regulation of trademarks and commercial designations in the legislation of foreign countries was examined. Taking into account the approaches used in foreign jurisdictions and the options for regulating commercial signs proposed by Russian experts in the field of intellectual property, the author of the study formulated a unified, integrated approach to this collision, which guarantees a balance of interests between holders of rights to a commercial name and trademark.