Annotation

The article considers a certain situation of a collision of exclusive rights to trademarks and a brand name, in which the individualizing part of the brand name of a legal entity is identical or confusingly similar to the trademark and/or service mark of another person protected in relation to the same or similar goods and/or services that this legal entity sells, However, at the same time, this trademark is no longer used by this legal entity except in the company name. It is concluded that it is necessary to qualify such actions as a violation of the exclusive right to a trademark only if it is proven that the consumer has been (оr may be) misled and appropriate conditions/criteria are proposed. If such a violation is proven, take into account the specifics of the situation under consideration when determining the amount of damages or compensation.