Analysis of Case Law to Traditional Trademarks with Secondary Meaning: A Comparative Perspective

Document Type : Original Article

Authors

1 Associate Professor, Department of Private and Islamic Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

2 Master of Science in Intellectual Property Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

Abstract

In other words, the most traditional type of trademarks is words. Slogans are also considered unconventional in some sources. However the historical evidence that we will refer to shows that the use of these marks has a long history and therefore they will be included in the category of traditional marks. Review of precedent-setting cases in the two legal systems of the United states and the European union and the judges analysis of generic or descriptive terms that have sought registration by invoking secondary meaning also an examination of few examples presented in iranian judicial practice including the ‘Classic’ case shows that despite the lack of amendment to the Trademark Registration Law of 1403 in this regard judges can contribute to the creation of judicial practice that seeks to protect the acquired rights of individuals and fair competition by resorting to legal principles such as the prohibition of unfair and illigitimate competition the prohibition of free riding and by adhering to jurisprudential rules such as the rule of no harm. This research using a descriptive-analytical method and a cases-based approach clearly shows that relying on the acquired distinctiveness of trademarks in iranian judicial practice is not far-fetched or impossible. And supporting thses marks can bring intellectual property rights and the other hand, have a significant impact on the society`s economy supporting producers and even consumers.

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History

  • Receive Date: 08 June 2025
  • Revise Date: 02 August 2025
  • Accept Date: 25 August 2025

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