The introduction of misleading consumers as the basic for nullity of contracts on alienation of exclusive right to a trademark

The Article is devoted to the grounds of invalidity of agreements on alienation of the exclusive right to a trademark. The analysis of a number of new provisions of the civil legislation on invalidity of transactions in relation to the considered agreements is given. The peculiarities of their implementation at the conclusion of agreements on the alienation of the exclusive right to the trademark, which are the cause of misleading consumers regarding the product or its manufacturer. The article describes the cases of the introduction of consumer confusion at the conclusion of these agreements taking into account the existing judicial practice on this category of cases. Qualification of such transactions as void due to infringement of public interests is given. Consequences of invalidity of agreements on alienation of the exclusive right to the trademark misleading consumers are investigated.