Non-contractual use of a trademark

DOI

10.2991/ismge-19.2019.55How to use a DOI?

Keywords

the exclusive right to the trademark, exhaustion of the exclusive right to the trademark, trademark, license contract, contract for alienation of the exclusive right, consent

Abstract

As a general rule, using of a trademark is allowed at the discretion of possessor of a right owing to the exclusive right belonging to it, in particular, based on a contract with other persons signed by it. However, the letter of the law also provides non-contractual use of a trademark, a legal ground, which is a norm of exhaustion of the exclusive right to a trademark (Article 1487 of the Civil Code of the Russian Federation). It causes challenges in the interpretation of this norm in law-enforcement practice. The purpose of the article is an analysis of conditions of exhaustion of an exclusive right of possessor of a right to the trademark and development of offers to modify the current version of Article 1487 of the Civil Code of the Russian Federation.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Agnessa Inshakova
AU  - Lyudmila Chegovadze
AU  - Alexey Demin
PY  - 2019/07
DA  - 2019/07
TI  - Non-contractual use of a trademark
BT  - Proceedings of the 1st International Scientific Practical Conference "The Individual and Society in the Modern Geopolitical Environment" (ISMGE 2019)
PB  - Atlantis Press
SP  - 286
EP  - 289
SN  - 2352-5398
UR  - https://doi.org/10.2991/ismge-19.2019.55
DO  - 10.2991/ismge-19.2019.55
ID  - Inshakova2019/07
ER  -