Legal Aspects of Abuse of the Right to a Trademark

This work is devoted to one of the most relevant aspects of civil law – the abuse of the exclusive right to a trademark. In this paper, an attempt is made to comprehensively study the institution of trademark abuse. Today, the doctrine contains a large number of points of view regarding the concept of "abuse of law" and its relationship with the principle of good faith and the institution of unfair competition. In practice, it is difficult to qualify an act, since the limits of subjective law are evaluative and are not spelled out in the law. However, due to doctrinal research in this area and a rich judicial practice, this work was able to describe the boundaries of subjective trademark law. Due to the abstraction of the content of this category as an abuse of law, of course, such limits as good faith and reasonableness, and the purpose of the law, are subject to further study and description. The study identified the following constitutive signs of abuse of law: (1) the Person must have a subjective right; (2) the Inconsistency of the implementation of subjective civil law to its purpose; (3) non-Compliance of the exercise of subjective civil rights with the principles of good faith and reasonableness; (4) Unfair exercise of civil rights must cause harm to a third party and / or an indefinite circle of persons. The doctrine of abuse of law is of a General legal nature and applies to all types of civil law relations, while "special" institutions serve only in certain cases for the regulation of which they have been adopted. If the prohibition on abuse of rights is reflected in a special provision Of the law on protection of competition or in an article of the Civil code of the Russian Federation on the protection of trademarks, then these actions must relate to an ordinary violation, but both public and private.