Criteria for Infringement in Composite Trademarks:Analysis and criticism of case laws

Document Type : Original Article

Authors

judiciary

10.48308/jlr.2024.234369.2652

Abstract

Legislator's support for the trademark owner is in line with the creation of business and its prosperity by the investor and entrepreneur, and this support should not prevent the creation of business by competitors of the trademark owner without a valid reason. Combined trademarks are examples of trademarks that, due to having different components, have the possibility of conflicting with the rights of competitors and third parties. This research tries to extract criteria related to infringement of the rights of owners of combined trademarks by reflecting on the fundamental standards and legal approaches of the leading systems, by analyzing and criticizing the domestic and foreign jurisprudence. In this regard, in this article, by examining the domestic and foreign judicial procedure, the analysis of the rules forbidding decomposition and the dominant feature in the analysis of the cases related to the infringement of the rights of the owners of such signs are discussed. The results of this article indicate that in the cases related to the infringement of combined trademarks, the courts will fully examine and compare the combined marks, and on the other hand, they may consider one of the characteristics of the mark more important in the analysis of the likelihood of confusion.

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Legal Research Quarterly

Articles in Press, Accepted Manuscript
Available Online from 18 March 2024

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History

  • Receive Date: 05 January 2024
  • Revise Date: 22 February 2024
  • Accept Date: 18 March 2024

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