The right to a service mark in tourism

Abstract

At the current stage of development of the Russian economy in the implementation of any type of entrepreneurial activity, including tourism, individualization of entrepreneurs is essential. The primary purpose of using means of identification by entrepreneurs is the recognition of the subject to establish a business reputation. In the field of tourism, individualization is necessary for entities that provide tourism services through the formation, promotion and implementation of a tourism product. This article reviews the issues of improving the mechanism of legal support for the use of the right to a service mark in the implementation of tourism activity. The theoretical justification of the legal regulation of tourism activity as a whole continues to be an object of academic interest both among civilians and among supporters of business law. However, if the civil law basis of the right to a trademark as an object of intellectual property can be recognized as sufficiently studied at the doctrinal level, then the use of this right in entrepreneurial activity in general, and in tourism in particular, is one of the little-studied problems. The private academic method was used as a methodical basis for research. Thus, the use of the formal legal method enables us to formulate the legal concept of the right to a service mark in implementation the provision of tourist services, to describe and establish signs of the right to a service mark of a tourist service, to identify gaps in legal regulation in this area. As a result of the research, it was concluded that the use of the right to a service mark in the implementation of tourism activities undoubtedly affects the competitiveness of these entities, the creation of a certain business reputation, and allows them to achieve the main goal of their activity - to maximize profits.