We think of the answer before you ask the question
Jurimex Managing Partner Yuriy Krainiak was among the speakers of the roundtable “Judicial Practice and Expert Studies Related to Trademarks and Brand Names” held by the Committee on Intellectual Property and Advertising Law of the Ukrainian Bar Association on March 18, 2010 in Kyiv.
High importance and urgency of the issues raised at the event stimulated a lively discussion of the lawyers and advocates, court experts and patent agents practicing in the field of intellectual property. The presentation by Mr. Krainiak “Collisions of Rights to Brand Names and Trademarks” also evoked a vibrant discussion. In his report Mr. Krainiak offered for consideration several approaches to resolution of conflicts between right holders applied by the judicial bodies, as well as some other points related to the use of the same mark simultaneously as a trademark, a brand name, and a company name.
Mr. Krainiak added: "The problem of the absence of the notion of a brand name itself in the Ukrainian legislation is one of the most acute problems faced by lawyers while settling such conflicts. This, in its turn, results into disputes between trademark and brand name right holders, and the judicial bodies have no unified ways of the dispute resolution. The courts often do not distinct the notions of a brand name and a company name, although according to the legislation they are absolutely different objects that may be not related to one another at all. At the same time, full understanding of the difference between them may play a crucial role in protecting a client’s rights.”
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Jurimex Law Firm, over the last several years, has been continuously ranked as one of the TOP-50 law firms in Ukraine. Founded in 2003 in Kyiv, the firm today has regional offices in Lviv, Odesa, Sumy, and Kharkiv, and in 2009 was named the most dynamic law firm in the Ukrainian legal services market by the independent survey “Top-50 Leading Law Firms of Ukraine” prepared by the Yuridicheskaya Praktika (Legal Practice) Publishing. Jurimex experts provide a full-service legal support to national and foreign companies in various areas of practice including purchase, sale, and privatization of assets in Ukraine, corporate and contract, antitrust and competition, labor, land, tax, intellectual property, and media law, finance and securities, and dispute resolution.
