ABOUT SOME ASPECTS OF APPLICAION OF THE BASIS FOR REFUSAL IN REGISTRATION TO THE TRADEMARK IN CONNECTION WITH ITS FALSEHOOD OR ABILITY TO MISLAED THE CONSUMER

Abstract

In article the questions concerning features of the characteristic of the basis for refusal to designation in registration in connection with its falsehood or ability to mislead the consumer are considered. The characteristic of classification of the bases for refusal in registration is given to designation as the trademark. The attention to a ratio of the false trademarks and symbols capable to mislead consumers is paid. It is proved that the considered designations are interdependent and have no essential distinctions. The problems connected with application of the specified basis for refusal to the trademark in registration in jurisprudence are analyzed. It is recognized that falsehood of designation or its ability to mislead the consumer aren't considered by courts in a separation from the analysis of the rights of the third parties, that is don't treat category of the absolute.