THE LEGAL NATURE OF A TRADEMARK AS AN INTELLECTUAL PROPERTY OBJECT AND ITS SIGNIFICANCE IN A MARKET ECONOMY

Abstract

The article is devoted to the study of the legal nature of trademarks as the most economically significant and promising object of intellectual property. The main functions of trademarks are analyzed and their author's list is proposed. A close interconnection between each of the functions of trademarks in the system of market relations is established, and the need to understand them as an integral set of interrelated elements is underlined. Ways of obtaining economic benefits from trademarks within the framework of private law interests are considered. Particular attention is paid to the role of the state in stimulating domestic economic processes related to the use and commercialization of trademarks. The public law aspects of the nature of trademarks are examined as well as their significance and the need to consider them in conjunction with private law while maintaining the necessary balance are emphasized. Examples of the protection of public, in particular state and social, interests in the legal regulation of trademarks are demonstrated using the provisions of the Law of Ukraine «On the Protection of Rights to Marks for Goods and Services» and the Law of Ukraine «On Advertising».