Problems of Registration in the Russian Federation of Trademarks Similar to the Name of a Well-known Person in Russia

Abstract

The article deals with the problems that arise when registering trademarks in the Russian Federation that are similar to the name, surname or pseudonym of a well-known person in Russia. Practical examples show the lack of a unified approach to the possibility of registering well-known surnames as trademarks. The materials of the article are prepared in accordance with the current regulatory legal acts, and all the examples considered are quite well-known in the professional environment disputable situations. The authors have formed a proposal on the need to prepare an unambiguous interpretation of the issue related to the fact that the surname, which has long become public property and is the basis of national culture, can become a protected element of a trademark. Otherwise, the copyright holder of this trademark will receive a monopoly right to use the name and surname of a well-known figure of politics, culture, science and art in the country.