o:9363 Unauthorized use of someone else's business name and other distinctive marks of goods or services en ABSTRACT: The aim of this paper is to examine the elements of the criminal offense of unauthorized use ofsomeone else's business name and other distinctive marks ofgoods or services, as a form of criminal offense against the economy, which in modern criminal law has particular significance and is subject to specific regulation. Using the analytical-synthetic method with the inductive-deductive approach, certain rules were determined. The basic form of this criminal offense has two alternative modes of commission, namely: the use of someone else's business name, geographical indication of origin, trademark, or distinctive mark of goods, as well as the introduction of certain features of someone else's business name, trademark, or distinctive mark into one's business name, brand, trademark or special designation. The consequence of committing the criminal offense of unauthorized use of someone else's business name and other distinctive marks of goods or services consists in harm done to the rightful owner of the business name, as well as to the owner of other distinctive marks of goods or services. The criminal offense of unauthorized use of someone else's business name and other distinctive marks ofgoods or services is prescribed by Article 238 of the Criminal Code of the Republic of Serbia, as a special type of unfair competition, which also affects the interests of customers or users of services. The result of the paper is a commentary of the Criminal Code in the domain of unauthorized use of someone else's business name and other distinctive marks of goods or services. Keywords: unauthorized use, business name, geographical indication of origin, trademark, distinctive mark. 1552099 10.5937/intrev2501059M 1552101 2217-9739 91552100 172844553 2026-04-16T12:01:07.990Z 44 yes 46 Svetlana Marković University Business Academy in Novi Sad, Serbia 21227623 0000-0003-2776-6519 Olgica Milošević University Business Academy in Novi Sad, Faculty of Applied Management, Economics and Finance, Belgrade, Serbia person 0000-0001-8014-0166 Darjan Karabašević College of Global Business, Korea University, Sejong, Korea; Saveetha University, Saveetha School of Engineering, Department of Mathematics, Saveetha Institute of Medical and Technical Sciences, India; University Business Academy in Novi Sad, Faculty of Applied Management, Economics and Finance, Belgrade, Serbia person 0000-0001-5308-2503 application/pdf 245547 https://unilib.phaidrabg.rs/o:9363 no yes 16 70 92000002 International Review 1/2 59 68 2025