Actual Problems of Legal Protection of Three-Dimensional Trademarks

Abstract

The paper is devoted to the analysis of the key problems that arise when registering such an unconventional type of trademark as a three-dimensional trademark, as well as the main grounds for refusing registration of these three-dimensional designations. The purpose of the study is to identify the most pressing problems in the registration of large-scale trademarks, as well as ways to overcome them, by analyzing legislation and existing judicial practice. The methodological basis of the research consists of general scientific and legal methods. General scientific methods include synthesis, analysis, induction, deduction, comparison, abstraction, analysis and synthesis, analogy. Legal methods include formal legal and comparative legal analysis. The results of the study highlight the key problems that arise during trademark registration, in particular, the three-dimensional designation applied for registration indicates the type of product, has a functional or traditional form. General recommendations aimed at preventing problematic situations are proposed. Thus, this work can serve as a practical guide for persons wishing to register their three-dimensional trademark and overcome the grounds for refusal under paragraph 1 of Article 1483 of the Civil Code of the Russian Federation, as well as prove the distinctiveness of their three-dimensional designation.