UNFAIRNESS OF TRADEMARK APPLICANTS: ANALYSIS OF FOREIGN AND DOMESTIC LEGISLATIVE AND LAW ENFORCEMENT PRACTICE

Abstract

The article examines the economic and legal aspects of foreign (in the jurisdictions of China, USA, EU) and domestic legislative and law enforcement practices to combat the phenomenon of unfair registration of personalization with an emphasis on trademarks and domain names. The formation of theoretical, methodological and methodological bases for the protection of the rights of their owners, improving the efficiency of experts of intellectual property agencies, forensic experts, digital search tools and the use of artificial intelligence as a key factor in ensuring the effectiveness of this process. The world dynamics of filing applications for trademark registration, the place of Ukraine, the organizational and economic content of the phenomenon of «trademark squatting» are analyzed. The regulatory framework and practice of the Chinese Trademark Office to establish a verification system to detect and reject fraudulent trademark applications, the preventive measures taken against squatters, digital search tools and the use of artificial intelligence as key factors to ensure effective operation. It is shown that the amendments to the Law on Trademarks of the People’s Republic of China include six articles, the purpose of which is to more effectively combat unscrupulous applicants, malicious programs, and impose significant fines for trademark infringement. The means of counteracting unscrupulous applicants in the USA have been studied. The U.S. Patent and Trademark Office (USPTO) has developed rules under which foreign applicants and trademark owners must be represented by a U.S. licensed attorney when filing trademark applications with the USPTO. Features of registration in the USA of the trademarks given by the Chinese citizens are considered. The analysis of the last changes in the legislation of Ukraine on protection of trade marks is carried out. It is shown that the new rules change the approaches to registration and protection of trademarks, create the possibility of their fair use. The concept of dishonesty of the applicant, its understanding in legal theory, place in the EU legislation, legal consequences of dishonesty of the applicant are considered. It is concluded that the inclusion in the national legislation of the definition of bad faith of the applicant when filing an application for trademark registration will be of important preventive importance.