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Legal Protection of Colour Trademarks

ФИО студента: Ekaterina Plaksina

Руководитель: Nikita Ivanov

Кампус/факультет: School of Law

Программа: Jurisprudence (Bachelor)

Оценка: 10

Год защиты: 2021

The goal of trademarks is to individualize products of legal entities and individual entrepreneurs. The doctrine has developed a division of all types of trademarks into traditional and non-traditional. The first group includes verbal, pictorial trademarks; the second group consists of sound, olfactory, changing, holographic, color trademarks. Registration of non-traditional trademarks has become increasingly popular among manufacturers of goods and services. For example, the color was successfully registered by such well-known companies as SberBank PJSC, Gazprom PJSC, MTS PJSC. In this regard, the purpose of this study is to analyze the Russian and foreign practice of the registration of color trademarks. Central issue is to understand the feasibility of allowing the registration of a color as a trademark for a concrete legal entity or individual entrepreneur, because such registration entails serious consequences in the form of granting an exclusive right, which means a monopoly on the use of color, as well as shades similar to it to the point of confusion in a certain field of activity.

Full text (added April 29, 2021)

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