Mozharovska N. Legal administrative aspects of obtaining the trade marks rights, protects and defence of these rights in Ukraine

This dissertation is devoted to researching of legislation in the sphere of industrial property with the purpose of obtaining the scientifically grounded and reliable results and recommendations in relation to deepening the theoretical principles of functioning and development of the system provided the legal administration protection and defence of trade marks. On this basis the dissertation determinates the ways of improvement of the proper legal institute in the period of market relations development, and makes the practical suggestions and recommendations for perfection of legislation, which regulates organization and activity of state authorities, which provide legitimization, protection and defence of trade marks rights. It is set that legal regulation in this sphere needs improvement in part, which governs the legal relationships in the field of acquisition, protection and defence of trade marks rights. The dissertation makes the analysis of forming the legislation in industry of protection and defence of trade marks. Also makes some new approches, which will support the creation of integral picture of trade mark as the subject of industrial property and the object of legal administration influence. It's offered the number of determinations of reasons for acquisition of trade mark rights and circle of subjects which provide the order of legitimization of the noted rights. New determination of concept "legitimization of right on a trade mark" is resulted. The terminology of concepts "protection" and "defence" is specified. On this basis is offered the new determination concepts such as: "the mechanism of legal administrative protection of trade marks" and " the mechanism of legal administrative defence of trade marks".