Abuse of Rights During Registration and Exercise of Rights to Trademarks

The objectives of the master's thesis are to study and analyze the theoretical understanding and practical implementation of the concept of abuse of right in the field of trademarks in order to develop recommendations to improve legal regulation. To achieve the objectives of the study, the following tasks were accomplished: (1) the history of the development of the concept of abuse of right was studied and the reasons for such development were identified; (2) a comparison of legal acts reflecting the concept of abuse of right was made and the general idea was identified; (3) the features of the concept of abuse of right in relation to trademarks were studied; (4) a comparative analysis of the practical application of the concept of abuse of right in the field of trademarks in Russia and foreign countries was carried out; (5) the prospects of legal regulation of public relations in the field of trademarks are determined. As a result of the study, we have proposed options for the development of legal regulation in the qualification of actions of the right holder of trademarks as an abuse of right. In our opinion, the implementation of our proposals will minimize the problems arising in the field of trademarks, as well as eliminate the legal uncertainty that currently exists.