Batykov I.V. Logical analysis of the grounds for the acquisition by entrepreneurs of rights for well-known trademarks. Matters of russian and international law. 2018. Vol. 8. No. 8A. Pp. 52-60.

Abstract

The article considers the specifics of well-known trademarks in the context of acquisition by entrepreneurs of rights over them. The purpose of the article is to determine how to ensure the logical validity of the grounds for the acquisition of rights to a well-known trademark. For this purpose, the author offers logical tool in the form of a table of applicability, combined from the position of the entrepreneur, his goals and the criterion of the burden of proof. The inputs of the table are the conclusions that the entrepreneur must prove, as well as the goals of the entrepreneur. The table of applicability developed by the author assumes four quadrants that can be obtained at the intersection of the axis of existence/absence of justifications with the axis of acquisition of a new right/protection of the violated right. Also, the author attempts to build evidence on the basis for the recognition of a trademark as well-known. On the example of the designation VDNKH the author implements two different methods for determining the common knowledge of the sign VDNKH - analytical and archival. The analysis shows that the grounds for the acquisition by entrepreneurs of rights to a well-known trademark should be subject to fairly strict requirements. The elements of the logical analysis proposed by the author can be implemented in the sphere of sociological expertise, and also in legal practice.