Ray (Judicial Case Review)

Ray (Judicial Case Review)

Jurisdiction governing the brand name and trademark with the same function: conflict or overlap of rights

Author
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10.22106/jcr.2024.2005358.1449
Abstract
Abstract :

A trademark is used to distinguish the goods or services of a manufacturer or commercial enterprise from the products or services of other competitors, but the function of a trademark is to introduce merchants. Sometimes it is possible that the brand name has found the function of the mark and in fact the owner of the brand name has used that name to introduce his goods or services from the products or services of other competitors. In this case, another person cannot use the same or similar as a mark Register in your name.



Legal issues in Peruvian government issued by the Paris Canon, with no original objective, are related to a feature of protection from the two most important aspects: 1- The oversight of the legal and commercial control oversight 2- The rights of a Canadian bank, which can be addressed Similarity, in the diagnosis of the principle Products or services are original, free of charge, and as a result, they are saved.



the presence of proof of continuous use of a commercial product with the title of a trademark mediated by a third person, that is, with exceptions to this protection and acquired right arising from a previous use, they may be a defense for a rebuttal and the absence of control over a commercial objection and they are permissible in order to continue to use more There are many cases in the case of the topic of Hambooshani Dari, which is a topic that can be repeated as long as it is in the matter of the rights of the human rights in the context of his opinions and opinions of the judges .
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  • Receive Date 22 June 2023
  • Revise Date 19 July 2023
  • Accept Date 14 February 2024