CIVIL PROTECTION FOR UNREGISTERED TRADEMARK (AN ANALYTICAL COMPARATIVE STUDY)
Journal of college of Law for Legal and Political Sciences,
2020, Volume 9, Issue issue 33 part 2, Pages 213-258
AbstractTrademark is a simple recognizable sign which identifies products or services or goods of a particular source from those of others. It is an important element of successful business elements. Furthermore, some trademarks and brands hit millions of dollars. Due to trademark’s significance to the successful business and its identifiable sign for having a distinguishing feature, many businesspersons imitate well-known brands and trademarks because of their reliance and trust in commercial centers. It is quite common for a trademark to be infringed as an unregistered trademark. This raises a question: does the owner of unregistered trademark loss the right to resort to courts in order to stop infringement and claim for compensation? Does the owner of unregistered trademark have the right to do so? since the owner of unregistered trademark would not be influenced by the infringement of his/her unregistered trademark but affects consumers.If we know that the Iraqi and Jordanian Trademark Laws have specifically provided trademarks with the civil protection, the Iraqi legislator did not address the right of the owner of unregistered mark. Whereas, the Jordanian legislator prohibited the claim for compensating for any infringement of unregistered trademark. That was a flagrant violation of provisions of general rules in civil liability, as the latter ensured the claim for compensation for any infringement of rights.This study is proposed to demonstrate the extent to which the unregistered trademarks have civil legal protection, both in respect of the private law that governs trademarks by the Code of Trademarks and Geographical indications or in accordance with the general rules of civil law.
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