The article focuses on brand names and their creative aspects. We consider the correlation of brand names and trademarks and their creative components. In practice, many disputes arise about the clash of rights to trademarks (service marks) and brand names. Brand names must be different from other means of individualization and symbols to avoid confusion with the notation of other right holders who are engaged in similar activities. Based on the research, it is concluded that older names have priority over newer ones in accordance with paragraph 6 of article 1483 of the Civil Code of the Russian Federation. In addition, when such disputes arise, the courts take into account the fact of the first use of the name.
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