ESSENCE OF THE TRADE NAME AS OBJECT OF THE INTELLECTUAL PROPERTY RIGHT
The National University of Ostroh academy,
Seminarska Str. 2,UA – 35800 Ostroh, Rivne region, Ukraine
The article is devoted to the definition of the essence of the trade name as foundation in
the mechanism of legal regulation. The point of the trade mark essence is revealed by
defining its function, notion and features, as well as by defining the correlation of the notions
“trade name” and “legal entity name”. The author singles out two main functions, which the
trade name performs in economic circulation and asserts the validity of other functions. After
making the research, it is found, that the notions “trade name” and “legal entity name” are
absolutely different according to their legal nature and characteristics, but in many cases
they can coincide in the content.
Key words: trade name, individualisation, non-material asset, features of trade name,
legal entity name.
Стаття надійшла до редколегії 01.10.2006
Прийнята до друку 01.11.2006
ВІСНИК ЛЬВІВ. УН-ТУ
Серія юридична. 2006. Вип. 43. С. 180–191
VISNYK LVIV UNIV.
Law Series. 2006. № 43. P. 180–191