Research and development in private law

Research and development in private law

Legal Approaches to the Origin of the Trademark Right and its Effect on the Types of Trademark Registration System

Document Type : Original Article

Author
Associate Professor, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
Abstract
The combination of the two origins of "registration" and "use" as the basis for the creation of trademark rights has led to the formation of different legal approaches to trademark registration in the world, in terms of legal principles and effects, among "registration as a declaration of the creation of trademark right by use" and "registered as the creator of the trademark right".The absolute or relative acceptance of each of these two views has led to the formation of four different registration systems in the world. Studies show that the "relative registration system" among them can provide the legal certainty expected from the registration system while maintaining the acquired rights of the previous user, leading to the provision of legal justice.The Iranian legal system has gone through many ups and downs in the adoption of each of these two sources since 1925 until now, and finally, in the Industrial Property Protection Act of 2024, it has tended towards the relative use system, which by reducing the role of registration compared to previous law, can lead to challenges in legal certainty as the most important function of the registration system.
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