Emergence of the exclusive right to a trademark
This article explores the problem of determining the moment of the emergence of an exclusive right to a trademark. It has been established that today the legislator determines the date of filing an application for state registration as the moment of the emergence of an exclusive right to a trademark. The opinions of various jurists regarding the determination of the moment of the emergence of the exclusive right to a trademark are considered. The authors of this study believe that the position of the legislator is illogical, since it is impossible to associate the fact of the emergence of an exclusive right with the date of filing an application due to the fact that the authorized body, after a full check of the trademark for compliance with the requirements, may refuse to register the applicant. In order to solve this problem, the authors propose to amend the current legislation.