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book

Protectability
of trademarks

by G.G. Galifanov, R.A. Karliyev, R.G. Galifanova

This book deals with individualization means - trademarks. The collective of the authors discloses the history of appearance, legal nature, functions and commercial value of trademarks.
The book is a practical guide to trademark registration, containing wide practical experiences of Russian and foreign lawyers in the field of trademark registration.
The presented materials will enable beginners to have a look into all peculiarities of the trademark registration procedure, and those skilled in the art will raise their skills to a new level. At present, the book is available in Russian only.

REVIEW OF THE BOOK "PROTECTABILITY OF TRADEMARKS"

This book deals with individualization means - trademarks. The collective of the authors discloses the history of appearance, legal nature, functions and commercial value of trademarks.
The book is aimed at forming correct understanding of the trademark essence, its purpose and use. The authors analyze, discuss and consider various standpoints in respect of the trademark registration procedure, give useful practical advices.
The book deals with most complex and disputable issues having no definite answers and relating to determination of trademark protectability. The collective of the authors takes the applicable legislation, extensive practices, experiences and scientific works in the field of trademark registration as the basis.
A special attention is paid to the trademark registration procedure. The approach to examination adopted by the Russian Patent Office – Rospatent – is considered from the critical point of view.
According to the authors, the subjective approach dominating in the examination may lead to trademark registration in some cases and to refusal to register in other, similar cases.
This approach violates rights of applicants and prevents objective examination of signs filed for registration as trademarks.
Also, attention is paid to detailed disclosure of grounds for refusal to register trademarks. Every statutory ground is analyzed. Better understanding of the reasons forming grounds for declaring a trademark as unprotectable will enable to design, and use in business, signs that comply with the requirements to trademarks and are capable of being registered as trademarks for respective goods and services.
Methods for identifying protectability of trademarks is described, a complex of main problems associated with check of trademarks for compliance with statutory requirements is studied. Disputable and complex cases that may arise during examination of trademarks are considered.
Practical advices are provided in respect of preparation of motivated replies to refusal to register trademarks by the Patent Office. The book comprises a lot of particular examples of Patent Offices' and court decisions relating to trademark registration. An attempt is made to generalize and classify the existing practices in the field of trademark registration.
The use of scientific approach while writing this book enables to use it as a tutorial in teaching experts in the field of legal protection of intellectual property.
The book materials raise a number of existing problems that may be further studied individually and form the basis of scientific articles, books and dissertations.
The book is a practical guide on trademark registration and may be efficiently used by experts engaged in trademark registration and court disputes relating thereto..
The book is written in a simple and clear language, which makes it understandable for people dealing with science of law and trademark registration for the first time.
Reading of the book will be useful for businessmen, analysts and marketing experts engaged in development and implementation of trademarks. Knowledge provided by the authors will enable such people to foresee and avoid mistakes that may lead to failure of business-plans prepared and colossal money losses due to a trademark designed incorrectly.
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