The legal nature of trade mark

Other Title(s)

الطبيعة القانونية للعلامة التجارية

Dissertant

al-Fayyd, Maysa Mahmud Ahmad

Thesis advisor

Abu al-Hayja, Muhammad Ibrahim

University

Middle East University

Faculty

Faculty of Law

Department

Department of Private Law

University Country

Jordan

Degree

Master

Degree Date

2021

English Abstract

Since 1870, the legal doctrine was settled on the bases of considering the nature of trademarks and the owners’ rights as a same thing so that trademark nature hasn’t been illustrated or discussed.

Accordingly, the Jordanian trade mark law has been based around this doctrine (recent trademark doctrine), which has been established on a critical miss conception of trademark nature, which led to mix the nature of trademark with the owner’s rights on one hand, and the nature of trademark with the function of trademark on the other.

The time has come to establish a new trademark doctrine to differentiate between the owner’s right and the nature of the trademark.

So The main aim of the thesis is to distinguish between the nature of trade marks themselves –which has not been tested yet– on the one hand, and the nature of rights in trade mark.

And to prove that the nature of rights in trade marks might actually be a corporeal property or an incorporeal property.

While the nature of trade marks themselves would be determined in this thesis.

In addition to that, to prove the nature of trade marks requires an independent existence thereof, and to develop a comprehensive legal and philosophical framework of trade marks that illustrate their nature depending on a fourfold criteria: 1.

The definition of trade marks.

2.

The functions of trade marks.

3.

The cultural effect in a given country in identifying the form and value of trade marks.

4.

There is no independent existence of trade marks without being attached to goods or sevices.

• This will result in answering the most problematic questions about trade marks’ nature.

Accordingly, this thesis represents a new trade mark doctrine to highlight the trademark nature and its three pillars: the owner of trade mark, the competitor of the trademark and the consumers.

Therefore, the hypothesis of the thesis lies in the proposition that the nature of trade marks is in fact twofold: Intellectual nature and The investment nature.

The thesis adopts the evaluation of related theories that jurists of trademark used to justify the system of trademark, as the methodological tool to evaluate the hypothesis.

This thesis discusses the three important theories of those: Labor theory, Utilitarian and economic theory and Social planning theory.

Main Subjects

Law

No. of Pages

103

Table of Contents

Table of contents.

Abstract.

Abstract in Arabic.

Chapter One : Introduction.

Chapter Two : Misconception of trademark nature.

Chapter Three : The proposed rationale for the nature of trade mark.

Chapter Four : Jordanian legislation on nature of trademark and the shortcomings.

Chapter Five : Conclusion.

References.

American Psychological Association (APA)

al-Fayyd, Maysa Mahmud Ahmad. (2021). The legal nature of trade mark. (Master's theses Theses and Dissertations Master). Middle East University, Jordan
https://search.emarefa.net/detail/BIM-1403064

Modern Language Association (MLA)

al-Fayyd, Maysa Mahmud Ahmad. The legal nature of trade mark. (Master's theses Theses and Dissertations Master). Middle East University. (2021).
https://search.emarefa.net/detail/BIM-1403064

American Medical Association (AMA)

al-Fayyd, Maysa Mahmud Ahmad. (2021). The legal nature of trade mark. (Master's theses Theses and Dissertations Master). Middle East University, Jordan
https://search.emarefa.net/detail/BIM-1403064

Language

English

Data Type

Arab Theses

Record ID

BIM-1403064