FEATURES OF THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS FOR DESIGNATIONS ACCORDING TO THE LEGISLATION OF UKRAINE

Abstract

Symbols that distinguish one business entity from another – such as signs, trademarks, and commercial or brand names – play a crucial role in ensuring fair competition and protecting consumer rights. Their proper use guarantees the declared origin and expected quality of goods, works, or services. The Convention Establishing the World Intellectual Property Organization (Stockholm, July 14, 1967) introduced an important distinction between “trademarks” and “designations.” Under current Ukrainian legislation, designations may include words (including proper names), letters, numbers, images, colors, shapes of goods or packaging, and sounds, provided they are capable of distinguishing the goods or services of one person from those of another and can be represented in the Register with sufficient clarity to determine the scope of legal protection. Given these requirements, effective use and protection of designations necessitate a thorough understanding of how Ukrainian law regulates intellectual property rights in this area. The purpose of this article is to clarify the features of such protection by systematizing legislative provisions and relevant judicial practice. The methodological basis includes the documentary method, focused on analyzing court materials, and the formal-legal method, used to examine the legal positions of the Supreme Court concerning the protection of designations. The study leads to several conclusions: a designation itself is not an independent object of legal protection; it may acquire protection only when incorporated into a registered trademark; such protection is limited by the rules applicable to marks; and, in special cases, courts may prohibit the use of a designation not as a trademark element but as a work of fine art.