THE THEORETICAL GROUNDS FOR THE PROVISION OF TRADEMARK’S PROTECTION

Mohammad Alfaouri and Fahed Wahdani
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Mohammad Alfaouri: University of Debrecen Faculty of law and political science, Hungary
Fahed Wahdani: University of Debrecen Faculty of law and political science, Hungary

SEA - Practical Application of Science, 2020, issue 22, 75-83

Abstract: The paper aimed to explore the theoretical grounds for the provision of trademark protection based on the dilution theory and economic-social planning theory with shedding a light on famous, non-famous and luxury trademarks. Based on the economic-social-planning theory, it’s necessary to protect all trademarks because there are economic and social benefits derived from providing such protection. Such benefits include: saving the searching cost incurred by the customer for searching for products that meet their needs. The study concluded that the counterfeited non-famous trademarks can be protected by the customer confusion’s calming. According to that study it can be concluded that trademark owner shall claim that customers will not be able to distinguish between the product of the original non-famous trademark and product of the fake trademark in case that the famous trademarks are counterfeited, it can be protected by dilution’s claiming, but not confusion due to the fact the customers can distinguish between the product of the original famous trademark and the fake one. However, the owner must prove that the trademark is famous. Luxury trademarks can be protected through anti-dilution protection methods by default.

Keywords: Trademark; Trademark protection; Confusion; Dilution (search for similar items in EconPapers)
Date: 2020
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