النظام القانوني للعلامة التجارية الدولية – دراسة مقارنة

International Trademark A Comparative Study

Abstract

The trademark represents a legal and commercial scope at the same time, especially since it is regulated in both national and international legislation. The trademark represents an essential pillar in trade at the national and international levels, so that the owner of a nationally registered trademark can benefit from it at the international level, by registering it. Internationally, and the subject of the thesis was focused on (the legal regulation of the international trademark, a comparative study). The subject of the thesis was focused on the definition of the trademark, as well as its international registration and assignment. The Iraqi legislator took into consideration the trademark law. Commercial Evidence No. (21) of 1957 amended by Order (80) of 2004.
By using previous use as a basis for ownership of a trademark, such that after its registration, proof of the opposite by its previous user is considered evidence of its ownership, provided that this is done within the first five years from the date of proof of its registration, and it is considered a conclusive proof towards third parties and towards its previous user. The subject of the study is the legal regulation of the trademark, a comparative study. It is necessary to go into the details of the study and its motives. We must address the concept of the international trademark, as well as a statement and comparison of it with similar ones, and also a statement of registration and the legal path drawn up by Iraqi law, and international protection in accordance with international agreements such as the Convention. Paris, 1883, the Madrid Agreement in 1891, the Terbes Agreement, 1994, and other agreements…).
We have relied in our study on the following The comparative analytical approach through Iraqi legislation, Egyptian legislation, and Jordanian legislation, as well as international agreements, and through this study we reached a set of results and recommendations that we recommend that the Iraqi legislator take into account.