The concept of brand and its correlation with concept of trademark

Abstract

The problems of definition and various aspects of the "brand" concept, which are reflected in the works of domestic and foreign lawyers, the essential signs of the brand are outlined, its functions are investigated. The author defines the concept of "brand" and defines the relationship between the concepts "brand" and "trademark", the characteristic of common and distinctive features of these concepts is given.

Adaptation of the Ukrainian national legislation to the EU legislation is a prerequisite for Ukraine's integration into the European legal space and also part of the implementation process due to the Association Agreement between Ukraine and the EU. The issue of unification of terminology, which is used in various areas of EU law, is universally accepted. Despite the quit successful attempts to streamline industry terminology at both the national and inter-sectoral levels, modern legal science has not developed a single terminology machine. Consequently, the problems of the use of legal terminology require further substantive research aimed at the formation of proposals concerning the introduction of terminology, especially in the Ukrainian legislation.

At the current stage in the national legislation of Ukraine and in the EU legislation there is no concept of "brand". The analysis of theoretical sources gives grounds to assert that in the legal science there is no unity in the definition of the concepts of "brand" and "trademark". There is no doubt about the presence in these terms of both common and distinctive features. The achievement of unity, uniqueness and consistency of legal terminology, elimination of excessive synonymy, contradictions, and discrepancies is important both theoretical and practical significance.

New scientific, technological, economic, social and environmental challenges require countries to properly position and target their assets in global markets for goods, services, finance, investment and innovation, the formation of internal and external positive image and competitive brand. The creation of conditions for the development of the national brand identity is relevant for Ukraine, given its Eurointegration and general civilization priorities.