Abstract:

This study deals with the legal framework of the rights to a trademark and its expiry. The privileges of trademark’s owner were addressed. The trademark’s owner establishes several rights to the trademark he/she owns. Among such privileges and rights are that the right of the owner to his/her trademark is rather relative not absolute in terms of the products the trademark marks, its components and parts, and the territory at which it is registered therein. They also include the rights that prove the owner’s permanent, exclusive, and monopolistic right to his/her trademark. Comparative legislation have also stressed on these rights and privileges. Judgments also adopted such approach. This study also addresses the ways in which the right of the trademark’s owner expires. The trademark’s owner loses his/her right to the trademark in several ways, including ditching and abandoning the trademark, as well as not using it. The right to the trademark expires in accordance with the principle of exhaustion of the right to a trademark, which has become one of the principles recognized by legislation in some countries. In order to practically enrich the research, the researcher sought to strengthen the provisions mentioned in the research by judicial applications.

Keywords: trademark, right to a trademark, privileges of right to a trademark, expiry of the right to a trademark, intellectual property.

Title

مجلة المنارة للبحوث والدراسات

Publisher

جامعة آل البيت

Publisher Country

Jordan

Publication Type

Both (Printed and Online)

Volume

24

Year

2018

Pages

505