1
Associate Professor of Law Faculty of Shahid Beheshti University, Tehran, Iran.
2
Shahid Beheshti university, faculty of law . private law groupe
Abstract
In addition to the important and decisive role of trade marks in prosperity of business, the trademark is one of the most valuable assets of large and medium-size enterprises. Due to such importance, todays few have doubted the necessity to protect trademark owners.In this paper, it has been shown that trademark law is faced with this requirement at three levels: at the ownership recognition level, at the level of the preservation of the right as well as at the level of right to resort to the remedial provisions by the right holder in the infringement proceedings against competitors. This paper has also shown that the role of practical use in the third level seems unclear in the trademark legislation, case law as well as in the doctrine. this article does it best to examine the issue on the base of comparative study, legal principles, economic requirements and the general policies upon which the legal protection is justified. This examination, criticizing the Iranian Trademark Registrar practice, shows that many trademarks on the market are imitated and are intended to hoard and eliminate commercial competitors on the market. and for this reason shall cautiously construe the scope of protection of the right holder in civil and criminal actions.
jafarzadeh, M., & Lajmorak, H. (2020). The Role & Position of the Use Requirement in Trademark Right Infringement Disputes: an Exceptional or General Condition. Islamic Law, 17(65), 159-182.
MLA
Mirghasem jafarzadeh; Hassan Lajmorak. "The Role & Position of the Use Requirement in Trademark Right Infringement Disputes: an Exceptional or General Condition". Islamic Law, 17, 65, 2020, 159-182.
HARVARD
jafarzadeh, M., Lajmorak, H. (2020). 'The Role & Position of the Use Requirement in Trademark Right Infringement Disputes: an Exceptional or General Condition', Islamic Law, 17(65), pp. 159-182.
VANCOUVER
jafarzadeh, M., Lajmorak, H. The Role & Position of the Use Requirement in Trademark Right Infringement Disputes: an Exceptional or General Condition. Islamic Law, 2020; 17(65): 159-182.
