التنظيم القانوني للعلامة التجارية غير التقليدية ” دراسة مقارنة “

Legal Regulation of Non-Traditional Trademark "Comparative Study"

Abstract
It is no secret that our current era has witnessed economic and technological developments in the commercial arena. This has prompted brand owners to create new brand models that rely on the five human senses. These models represent a source of competitive advantage for manufacturers and constitute a part of the intellectual capital of many commercial enterprises, more adapted to social communication. In light of this, the researcher chose the topic of the legal regulation of non-traditional trademarks as the title of this dissertation.
The research problem of the legal regulation of non-traditional trademarks focuses on several points: the increasing use of non-traditional trademarks by business owners as one of the most important elements of industrial property, whose economic importance has increased with the recent developments in commercial life, especially in Western countries. As a result of the close connection between commercial life and society, it has become necessary for brand owners to keep pace with these developments to generate valuable economic benefits. However, they face difficulties in registering their trademarks with trademark registration offices due to the lack of financial, human, and technical capabilities to keep pace with the technological developments witnessed by the commercial environment. This leads to the loss of their rights and the disruption of their commercial interests. Due to various attacks on them and the resulting confusion among consumers, non-traditional trademarks have sparked legal controversy among various countries regarding the recognition of this new type of trademark, how to register them with private registration offices, and the legal protection they provide.
It should be noted that, despite the Iraqi legislature’s implicit recognition of this new type of trademark, it has not provided comprehensive legal regulation in the current Trademark and Commercial Information Law that is consistent with their unique nature and the developments witnessed in commercial life.
The results of this study reveal that non-traditional trademarks, in their various forms, are the most adaptable to modern technology, particularly with regard to social media. Social media is more attractive to new trademarks, such as sound and motion trademarks. These are new trademarks that play an effective role in distinguishing the goods and services produced by merchants, whether individuals or institutions, for the purpose of identifying them to consumers. They are an effective advertising tool for attracting the public. Therefore, the researcher proposes that the Iraqi legislature draft special legislation to provide legal protection for non-traditional trademarks that is consistent with their unique nature and with the economic and technological developments that have emerged in the commercial arena.