Problems of protecting exclusive trademark rights in advertising

This article examines the legal challenges of protecting exclusive trademark rights in the context of advertising. The purpose of the research is to analyze how trademark law and advertising law interact to balance the exclusive rights of trademark owners with the needs of advertisers to reference others’ brands. The study uses a comparative legal method, reviewing legislation and cases from multiple jurisdictions (including Uzbekistan, the European Union, and the United States) to identify common approaches and differences. The results demonstrate that unauthorized use of another’s trademark in advertising can lead to consumer confusion and dilution of the brand’s reputation, thereby infringing the trademark owner’s exclusive rights. At the same time, many legal systems permit comparative advertising and other nominative uses of trademarks under certain conditions, recognizing that truthful, non-misleading comparisons can benefit consumers and competition. Key findings indicate that modern laws – such as those in the EU and US – provide clear criteria distinguishing lawful comparative advertising from trademark infringement​. However, the enforcement of these rules remains a challenge: even where laws are adequate, lack of awareness and weak enforcement mechanisms can undermine the protection of trademark rights in advertising. The conclusions drawn from this research underscore the need for a balanced approach. It is recommended that jurisdictions like Uzbekistan implement international best practices by clarifying the boundaries of permissible brand use in ads (for example, use of competitors’ marks is allowed for objectively substantiated comparisons or to indicate genuine products and spare parts) while strengthening measures against deceptive and unfair advertising. By improving legal provisions, increasing accountability for violators, and fostering a culture of fair competition, it is possible to ensure effective protection of trademarks in advertising without stifling legitimate comparative advertising.