Definition of the uniformity of goods and services in judicial practice: overcoming the material-immaterial dichotomy

The article is devoted to the analysis of criteria for establishing the uniformity of goods and services in the examination of applications for registration of trademarks and service marks and the resolution of disputes on infringement of exclusive rights. The purpose of the article is to systematize key approaches to determining the uniformity between heterogeneous objects — goods and services, as well as to develop proposals for improving law enforcement practice in this area. It is established that the classical criterion of the materiality/immateriality of an object is insufficient to conclude that there is no uniformity. Special attention is paid to the analysis of contradictory judicial practice, in particular, the issues of uniformity of catering and food services, as well as retail trade services and the goods themselves. As a solution, it is proposed to use a multifactorial assessment approach to determine the uniformity of goods and services, which will reduce legal uncertainty and increase the predictability of court decisions.