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TRADE NAME
1. DEFINITION
Trade name is a designation of an organization or individual used in business to distinguish the business entity bearing such designation from other business entities acting in the same field and area of business.
The area of business stipulated in this paragraph shall be the geographical area where business entity has business partners, clients or reputation.
2. GENERAL REQUIREMENTS FOR TRADE NAMES ELIGIBLE FOR PROTECTION
1. A trade name shall be eligible for protection if it is capable of distinguishing the business entity bearing such trade name from other business entities acting in the same field and locality of business.
2. The use of a trade name means the conduct of any acts for commercial purposes by using it to name oneself in business activities, expressing it in transaction documents, shop-signs, products, goods, and packages of goods and means of service and advertisement.
3. SUBJECT MATTERS NOT PROTECTED AS TRADE NAMES
Designations of State agencies, political organizations, socio-political organizations, social organizations, socio-professional organizations or those entities who are not engaged in business.
4. DISTINCTIVENESS OF TRADE NAMES
A trade name shall be considered as distinctiveness if it meets the following conditions:
1. To consist of a proper name, except where it has been widely known as a result of use;
2. Not to be identical with or confusingly similar to a trade name having been used earlier by another person in the same field and locality of business;
3. Not to be identical with or confusingly similar to another’s mark or a geographical indication having been protected before the date it is used.
5. ACTS OF INFRINGING THE RIGHTS TO MARKS, TRADE NAMES AND GEOGRAPHICAL INDICATIONS
Any act of using commercial indications identical with or similar to another person’s trade name having been used before for the same or similar goods or services that causes confusion as to business entities, business premises or business activities under the trade name shall be considered as infringement of the rights to the trade name.
1. DEFINITION
Trade name is a designation of an organization or individual used in business to distinguish the business entity bearing such designation from other business entities acting in the same field and area of business.
The area of business stipulated in this paragraph shall be the geographical area where business entity has business partners, clients or reputation.
2. GENERAL REQUIREMENTS FOR TRADE NAMES ELIGIBLE FOR PROTECTION
1. A trade name shall be eligible for protection if it is capable of distinguishing the business entity bearing such trade name from other business entities acting in the same field and locality of business.
2. The use of a trade name means the conduct of any acts for commercial purposes by using it to name oneself in business activities, expressing it in transaction documents, shop-signs, products, goods, and packages of goods and means of service and advertisement.
3. SUBJECT MATTERS NOT PROTECTED AS TRADE NAMES
Designations of State agencies, political organizations, socio-political organizations, social organizations, socio-professional organizations or those entities who are not engaged in business.
4. DISTINCTIVENESS OF TRADE NAMES
A trade name shall be considered as distinctiveness if it meets the following conditions:
1. To consist of a proper name, except where it has been widely known as a result of use;
2. Not to be identical with or confusingly similar to a trade name having been used earlier by another person in the same field and locality of business;
3. Not to be identical with or confusingly similar to another’s mark or a geographical indication having been protected before the date it is used.
5. ACTS OF INFRINGING THE RIGHTS TO MARKS, TRADE NAMES AND GEOGRAPHICAL INDICATIONS
Any act of using commercial indications identical with or similar to another person’s trade name having been used before for the same or similar goods or services that causes confusion as to business entities, business premises or business activities under the trade name shall be considered as infringement of the rights to the trade name.