Registration Of A Trademark By Distributor – Contestation

In modern conditions, cases of illegal use of the trademark by distributors without the consent of the copyright holder are common. Consent to the promotion of goods under the brand of a foreign rightholder, under the distribution agreement, is not considered to be the consent of the rightholder for filing of the application for registration of a trademark in the name of the distributor.

Thus, it is possible to promote and sell goods under a foreign brand, but only the rightholder can register a trademark.

Currently, there is a proliferation of offenses of these norms, which prohibit distributors from registering a trademark, the norms are written in the following regulatory provisions: