A Comparative Analysis of Acquired Distinctiveness of Trademarks and Its Criteria in the Legal Systems of the United States, the European Union, and Iran

Document Type : Academicm and Research

Authors

1 Assistant Professor of Intellectual Property Law, Private and Islamic law Department, Faculty of Law and Political Science, University of Tehran, Tehran, Iran .

2 MA Graduate of Intellectual Property Law, Private and Islamic law Department, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

10.22091/csiw.2023.9188.2398

Abstract

Distinctiveness is a fundamental element of a protectable trademark, referring to its ability to differentiate goods and services of one person from those of others and indicate the source of origin. This component usually needs to be inherent, meaning that the trademark should possess this characteristic at the time of filing for registration. However, certain marks can acquire distinctiveness over time through continuous investment, advertising, and activities carried out by the mark's owner. The stance of different countries regarding acquired distinctiveness is not uniform, especially considering that trademarks are not of a single type, and we are currently witnessing the proliferation of non-traditional and modern marks that effectively serve as distinctive indicators with new approaches. This research employs an analytical-descriptive method, along with a library and field approach, to undertake a comparative study of this subject in selected legal systems. Ultimately, the research concludes that the significance of these marks has become evident today,
and factors such as continuous use have been influential in establishing acquired distinctiveness. Additionally, the sufficiency or insufficiency of each adopted criterion in proving acquired distinctiveness appears to be dependent on the specific circumstances. Furthermore, signs of acceptance of acquired distinctiveness can be observed in the legal system of Iran.

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References

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