A COMPARATIVE STUDY OF THE SUBSTANTIVE PROVISIONS OF TRADEMARKS WITH AN EMPHASIS ON COLOR AND THREE-DIMENSIONAL MARKS

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FASIHIZADEH ALIREZA; MOMENI TEZERJI EHSAN; BAQERPOOR MOHAMMAD

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Journal: COMPARATIVE LAW REVIEW Year:2017 | Volume:7 | Issue:2 Page(s): 627-646

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Information Journal Paper

Title

A COMPARATIVE STUDY OF THE SUBSTANTIVE PROVISIONS OF TRADEMARKS WITH AN EMPHASIS ON COLOR AND THREE-DIMENSIONAL MARKS

Author(s)

FASIHIZADEH ALIREZA | MOMENI TEZERJI EHSAN | BAQERPOOR MOHAMMAD | Issue Writer Certificate

Keywords

DISTINCTIONQ1

THE FUNCTIONAL THEORYQ1

THE THEORY OF SCARCITYQ1

THREE DIMENSIONAL AND COLOR MARKSQ1

Abstract

To be considered a trademark, symbols and emblems must be missing some situations (negative substantive conditions) and have some conditions (Positive substantive conditions). Non-traditional marks, especially those which are visible such as colors and three-dimensional marks face challenges In order to comply with these conditions. Some declare that such mark are not register able as they strictly believe trademarks limited to the traditional marks such as letters and numbers and images and they emphasize that non-traditional visual symbols are neither able to meet some essential requirements nor- due to their specific nature- are acceptable as a trademark because of the limited grounds. In contrast, some believe that not only can the symptoms coordinate with the terms of traditional trademark, but also the need to promote such innovation requires support of these signs. In line with the second opinion, it seems that examples of trademarks are only a way to distinguish the origin of goods and persons a and are not limited to traditional marks.

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APA: Copy

FASIHIZADEH, ALIREZA, MOMENI TEZERJI, EHSAN, & BAQERPOOR, MOHAMMAD. (2017). A COMPARATIVE STUDY OF THE SUBSTANTIVE PROVISIONS OF TRADEMARKS WITH AN EMPHASIS ON COLOR AND THREE-DIMENSIONAL MARKS. COMPARATIVE LAW REVIEW, 7(2 ), 627-646. SID. https://sid.ir/paper/246348/en

Vancouver: Copy

FASIHIZADEH ALIREZA, MOMENI TEZERJI EHSAN, BAQERPOOR MOHAMMAD. A COMPARATIVE STUDY OF THE SUBSTANTIVE PROVISIONS OF TRADEMARKS WITH AN EMPHASIS ON COLOR AND THREE-DIMENSIONAL MARKS. COMPARATIVE LAW REVIEW[Internet]. 2017;7(2 ):627-646. Available from: https://sid.ir/paper/246348/en

IEEE: Copy

ALIREZA FASIHIZADEH, EHSAN MOMENI TEZERJI, and MOHAMMAD BAQERPOOR, “A COMPARATIVE STUDY OF THE SUBSTANTIVE PROVISIONS OF TRADEMARKS WITH AN EMPHASIS ON COLOR AND THREE-DIMENSIONAL MARKS,” COMPARATIVE LAW REVIEW, vol. 7, no. 2 , pp. 627–646, 2017, [Online]. Available: https://sid.ir/paper/246348/en

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