چکیده:
When a trademark or brand name conflicts with previously registered commercial and industrial names and identities, creating a similarity in letters and form that would mislead an "average citizen with average intelligence," a conflict in trademarks arises. In this regard, the first law (along with subsequent amendments) approved in Iran refers to the possibility of conflict between rights associated with registered marks and new marks. On the other hand, with the absence of an active private sector in the Iranian market-based economy, the necessary conditions for the qualitative development of industrial property matters are not provided. Naturally, in such conditions, the judicial system will also be unable to benefit from sufficient qualitative and quantitative efficiency in terms of structure and the issuance of rulings. The purpose of writing this article is to present a limited research progress using the comparative method to show part of the qualitative progress of the Iranian judicial system compared to France in the field of conflict between trademarks.
خلاصه ماشینی:
4-Examination of a judicial event: Conflict between two trademarks, one of which has a registration history In 1371, during the investigation of a case involving a company that used the trademark "Siba Chemie," the court, considering that another company (the plaintiff) had been conducting commercial activities in Iran using the trademark "Siba" since 1307 and had continuously renewed this trademark, stated that: "The defendant, without regard to the aforementioned history and for the purpose of competing with the plaintiff and exploiting its commercial reputation and popularity, selected its mark by adding the word 'Chemie' to 'Siba' and registered it under number...
and considering that the Law of Trademarks and Patents emphasizes in Clause 2 of Article 9 that if the similarity of a mark with another registered mark is such that it misleads ordinary consumers, it must be prevented; and in view of Articles 8 and 10 bis of the law authorizing the accession of the Iranian government to the International General Union known as the Paris Convention, which states: any competition that is conducted in an ungentlemanly manner contrary to the norms of industry or commerce, or any act that creates confusion in any way with a competitor's institution, product, or industrial or commercial activity, is considered unlawful, requested the annulment and removal of the word 'Siba'.
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