Thus, the objects of industrial property stated above are an effective link between the producer and the consumer and act as important objects of the subjective civil rights. 3
Advertizing designations serve in order that buyers distinguished uniform goods of various enterprises. However advertizing of goods matters not for all enterprises, and only for what let out consumer goods, that is production intended for realization to the population. As for the enterprises which are letting out industrial goods (the raw materials, the equipment, components intended for production use), for them advertizing marking of the goods has no economic znacheniya.11
Both parts - both verbal, and graphic - can have semantic value. As a rule, the graphic part illustrates verbal part of a sign. The combined signs have to meet the requirements which are imposed to both verbal, and graphic signs. It is desirable that verbal and graphic parts were interconnected kompozitsionno and syuzhetno, formed a whole.
As it is specified in ch.2 by Art. 1 of the Parisian convention, objects of protection of industrial property are patents for inventions, useful samples, industrial drawings or models, factory or trademarks, service marks, trade names and indications of an origin or the name of a place of an origin, and also a measure for the purpose of suppression of unfair competition.
Tasteless drawings, phrases, etc. are not allowed to be used as trademarks. So, it was not authorized to one of shoe factories to apply as the trademark placed on a footwear sole, the image of the jumping rider against vineyards, snow tops of Kazbek and the solar sky with the soaring eagle because the heap of these details of a landscape in drawing on a sole of footwear does not meet the elementary requirements art vkusa.18
The right for the trademark can belong to the persons which are carrying out business activity, whether it be faces physical or legal, and among the last - to the organizations commercial or noncommercial, carrying out that activity.
Guarantee function is shown in guaranteeing the corresponding quality of goods. Performance of this function is fully possible only at continuous improvement of quality of goods. The trademark represents one of many means of ensuring of a reputation of goods and increase of its quality. Feature of the trademark consists that it influences preservation of quality of goods and its increase indirectly through the consumer. The trademark is designation of a product with which his consumer connects qualitative properties of a product known to it. The consumer who noticed these properties or stopped on them the choice connects these properties with the trademark with which the product is supplied, and this product demands further, assuming that the product designated thus possesses the demanded qualities or others, checked by experience, properties. The products designated by the certain trademark known to the consumer in the opinion of the last, on the basis of this experience, are the checked high-quality products. It excites further the guaranteed increased demand for the products supplied with the trademark, which do not have estimated quality the trademark quickly loses the meaning and depreciates. That the manufacturer supplies the products with the trademark, he takes the responsibility for quality of the sold products in relation to the consumer.
The name of a place of goods origin is the name of the country, settlement, district or other geographical object used for designation of goods which special characteristics only or mainly are defined by an environment or a human factor, characteristic for this geographical object, or both that and another at the same time.
The combined verbal signs represent various combinations of verbal and graphic elements. It can be a combination, a combination of such elements which in itself can be registered as verbal or as a graphic sign.