LINGUOCREATIVITY IN THE ASPECT OF THE NAMING EXAMINATION


2016. № 1 (7), 179-194

Moscow State University of Law Named after O. E. Kutafin

Abstract:

The article features the results of the linguocreative activity on coining trademarks and service marks, company names, trade names as well as urbanonyms in the aspect of the naming examination — a new type of the linguistic examination which is only taking shape at the interface between onomastics, linguistics and jurisprudence. The analysis of the trade marks’ data in the Federal Institute of Industrial Property shows that the names originality is achieved due to creative naming units based on: 1. lexical and phonetic play on the typical structural-semantic models in naming (“Parad kotlet”, “Babushka Moroz”); 2. semantic derivation (“Ledoed”, “Konfetti”); 3. incorporation (“MOLOKOFE”, “MOLOKOLA”); 4. graphicsation (“DereWnya”, “PARAD”, “ViPushka”, “KuMiR”). The spelling puns are often used in company names creation by means of abbreviation and conflation: OOO “ChTD”, OOO ”PAN’KI”, OOO “Slabo Da”. Quasionymisation (often with gfaphogibridisation) is widely used to create trademarks and trade names. We should note that quasianthroponyms are more common (“Kolbaskin i Ogurchikov”, “Uletov i Ko”, “OKOROKOV”, “Molokoff”, “NaruzhkiN”, “Ot Povarenycha”, “Dyadyushka Plintus”), then quasitoponyms (“Kolyaskino”, “MolokoVO!”, “Bekonovo”). To understand the distinctiveness of the verbal or combined name (trade mark, company name, trade name) as well as to find the similarities of disputed naming units we should avoid using controversial and interpreted in various ways the term “fanciful” and apply linguocreative analysis tools.

The naming examination of the creative urbanonyms allows to find offending and scandalous names (“Ulichnye yaitsa”, “Bukhni”, “Kill Bill”), as well as pseudo foreign ergonyms (“Carlo Pazolini”, “Francesco Donni”) which mislead the consumers. The forensic analysis on Intellectual Property rights has revealed the controversial court judgements on the issues of the correlation between the legal norms and the rules of the contemporary Russian language. It is necessary to work out the juridical-linguistic analysis procedure of the conflicting results in creative naming, taking into account not only the pragmatic but also the aesthetic and ethical aspects.