This article focuses on one of the most important tools of a modern market economy, namely, the trademark. The article discusses aspects of the legal protection of trademarks in Russia; analyses the provisions of the Russian law, the provisions of the Civil Code of the Russian Federation in particular, as the main regulatory document in this sphere, the author examines the current problems of modern Russian legislation in the field of intellectual property rights protection and equated means of individualization of legal entities. In the course of the work, the author analyzes the legislative provisions and their real meaning. The studyalso examines the legal protection of trademarks and the classification of types of abuse of this right. Also in this article Examples of resolving real disputes on the protection of rights in the field of trademarks are analyzed, and statistical data from the open register of «Rospatent» are considered. In the course of the work, the author comes to a reasonable conclusion about the inconsistency of the legislative frameworkand legal regulation of the sphere of means of individualization of legal entities with the real needs of modern Russian society, which is rapidly moving towards a capitalist economy.

Keywords : Trademark, Abuse of Right, Trademark Protection, Trademark Registration Application, Top Gear