حق الإستئثار بملكية العلامة التجارية كأثر لتسجليها : دراسة مقارنة

الملخص EN

Trademark is an essential component in industrial property, as its very value lies in the double role it assumes both to property holder or audience of consumers who are targeted by its protection against illegal competition which violates trademark right when illegally assigned to products, goods or services.

Given its economic value of enriching possessor’s financial debt, being alert to rights that might accrue to the a trademark property holder due to his exclusive possession is paramount.

One should also consider that such right is characterized by some distinctive features such as personal and estate rights.

In addition, knowledge of when such right is activated would ensue significant implication, as there are numerous legislations that viewed enforcement of such right by merely filing a registration points of view.

Some are of the opinion that such right is effective from the date of actual registration of a trademark.

This debate would indicate that there are various results that need to be considered, particularly with respect to priori right in registration of a foreign trademark, or even as to the annulment of unused trademark as an occasion would happen to a trademark exclusive right of possession.

Such right is characterized by many affecting occasions that would result in its elimination It is said that trademark property right is one impinges on a terminating condition.