Annotation

The article is devoted to the analysis of such non-obvious and ambiguous requirements for firm names as the real nature of the rightholder's activity and his distinguishing ability. Analogies are drawn with the legal regulation of these requirements for trademarks (service marks) and commercial designations. The necessity of direct legislative consolidation of the above-mentioned requirements for firm names as their conditions of protection is proved. It is concluded that it is necessary to establish the period of permissible non-use of a firm name by analogy with trademarks and commercial designations. It is also proposed to consolidate additional procedural guarantees consisting in: a) imposing the burden of proving the reality of the activities of the rightholder of a firm name and its distinctiveness in any disputes, processes, procedures related to the protection of the exclusive right to a firm name; b) legislative consolidation of specific criteria/indicators of the reality of the rightholder's activities and the sufficiency of relevant evidence.