Protecting Well-known Trademarks: A Comparative Study

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Dr. Abdelawal Abdin Mohamed Bassiouny

Abstract

The present research paper addresses a problem of paramount importance: protecting well-known trademarks under local and international legislations. Mankind has experienced major developments as regards production patterns, commercial exchange, and communication owing to state-of-the-art technological systems that have made their way far into the vast majority of economic and commercial sectors. Drastic changes ensued at the levels of the ways and practices adopted by businesses. The importance of a trademark manifests itself in distinguishing a manufacturer’s or a merchant’s products from similar products by other manufacturers and merchants. Namely, a trademark serves as a means of promoting demand for a given commodity. When the consumption of the commodity so trademarked increases, such increase marks a wider reach by and trust in the trademark and the products stamped therewith. Accordingly, a trademark of that magnitude may account for a mega fortune for the owner. In consequence of accelerating international trade, trademarks have followed an accelerating suit; with many trademarks crossing the territorial limits of their countries of origin and achieving worldwide fame – such as Apple, Coca Cola, LG, and BMW, to name just a few. The accruing rights for and by those trademarks require protection from counterfeiting, forgery, and all forms of infringement on trademarks, needless to say. Consequently, nations have actively proceeded with enacting domestic legislations to ensure appropriate protection for and regulation of trademarks across all fields. The protection efforts have turned to the international level as well. Many conventions and agreements have been concluded in that respect, most notably the 1883 Paris Convention for the Protection of Industrial Property (WIPO) and the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

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