In this paper, the author examines the problems about the specificity of the law subject right of use of a trade name. The specificity of the owner of a trade name is that no everyone can use a trade name, but only person or company, which has a valid right to be engaged in commercial activities. In this regard, unsuccessful Article 1539 of the Civil Code of the Russian Federation needs to be changed, and also the whole approach to the transfer of the exclusive right of the third person to a commercial designation.