The legal role of notoriety factor in the functioning of trademarks

Batykov I. V.

The article presents the analysis of cause-and-effect relations that connect the phenomenon of trademark notoriety with its legal consequences. For the purpose of the analysis, the author researches four problems – the choice of causality concept which is adequate to the legal situation, the analysis of the general model of trademark functions, the identification of how the notoriety factor influences the functioning of trademarks, and the consideration of the legal consequences of the influence.

Keywords:Trademark notoriety, intellectual property rights for trademark, trademark value, functions of trademark, monopolization of markets, multifactorial probabilistic causality, concept of configurative causation.