EXPERT STUDY OF THE STATE FLAG IMAGE OR IMITATION BY TRADEMARK

Abstract

The article is devoted to the theory and practice of expert researches of the state flag image or imitation by trademark, including the State Flag of Ukraine. The study reviews flag origin – banner of arms, standards, pennons, gonfalons, streamers and banderoles – and their classification and links with traditions and rules of flag colors and their combinations. It also addresses ordinary and heraldic figures and other issues of flag study science. In the paper, the legal status of state flags and the procedure for their use are addressed and determined. The forensic expert studies are reviewed in the paper to explore the following question: “Is a trademark XXX an image or an imitation of the national flag?”, examined within a specialty framework “Researches relating to commercial (company) names, trademarks (marks for goods and services) and geographical indications”. The article shows the study of identical or similar figurative designations such as trademarks and state emblems, being so alike that one can easily confuse them with each other, is usually determined by two criteria: First, graphic (visual) similarity and second, conceptual (semiotic and semantic) resemblance. Key Words. State symbol, flag, national flag, forensic examination of intellectual property objects, trademarks, expert examination of trademarks and imitation.