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Universal globalization is best of all reflected by trademark spread. Trademarks are autonomous objects of agreements. Unregistered trademarks are characterized with high integrity as object of economic turnover; they quite easily spread over the boundaries of state jurisdiction.
Unregistered trademark can not be protected by common legal means used in cases of registered trademarks. The fact that trademark is unregistered creates specificity in its protection, as parties are forced to use other grounds than rights of ownership created by the registered trademark. This paper analyses hypothesis that different size of material rights is owned by the user of a mark, owner of trademark application and owner of well-known trademark in each separate case and accordingly, the specificity of protection of interests of unregistered trademark depend upon it. Although the law does not cover agreements on trademark applications, however these agreements are not contradicting the said law. However, depending on circumstances of the case, such agreements on transfer of unregistered trademarks can not be considered perverse as there is no prohibition on such action. Therefore, it cannot be unambiguously stated that rights of ownership of unregistered trademark can or can not be transferred.
The Law on Trademarks does not provide any method of trademark right protection in cases when trademark is unregistered, not applied for registration or can not be recognized as a... [to full text]
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