Page 197 - مجلة الملكية الفكرية العدد كامل
P. 197

‫ المجلس الأعلى للثقافة‬- ‫لجنة حماية الملكية الفكرية‬

     based on whether the                 files for the same mark, files
     trademark is well known or           for a similar mark, files in an
     not. For example, there are          unregistered class, or a for-
     those who10 define trade-            eign nickname12.
     mark squatting as one entity
     intentionally filing a trade-         Upon the above, the trade-
     mark registration application        mark subject of squatting
     for a second entity’s regis-         may be registered, became
     tered trademark in a country         popular, or well-known.
     where the second party has           There is no doubt that the
     not yet registered the trade-        latter (well-known mark)
     mark. and another one11,             enjoys the highest interna-
     saw that trademark squat-            tional protection. However,
     ter operate by first selecting       in practice, there are some
     a victim, by scouting what           problems that we will ad-
     marks are becoming pop-              dress later when we talk
     ular in another nation. The          about the “first-to-file” sys-
     squatter then checks to see          tem.
     if the mark has been filed for
     trademark protection in his           B. Practical cases, the
     or her country and simply            most important of which are:

     10 Loc.cit.                          12 Robin Baydurcan “Michael Jordan
     11 Frederick A. Palumbo “Trade
                                          (partially) defeats Chinese trademark
     Show/Fair Piracy and Industrial Es-  pirate based on unregistered person-
     pionage” Journal of Convention &     al-name rights” Lexology, (March 14,
     Event Tourism, 277-292, (December    2017), https://www.lexology.com/li-
     12, 2018).                           brary/detail.aspx?g=27166825-4a80-
                                          41df-ab7d-904208f40f8a Last visit:
                                          June 24, 2023. At: 11 AM.

197
   192   193   194   195   196   197   198   199   200   201   202