Protection of trademarks

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gures on how well-known a mark is in a certain relevant sector of the public, or in other words, by an "average consumer" of goods and/or services in Uzbekistan.the Recommendations contain guidelines for conducting a survey specifically designed to help specialized organizations present information necessary to identify if a trademark has or has not become well-know in Uzbekistan.

Chapter 5. A comparative analysis

No.Name of the legal element of well-known marks protection regimeItalyPakistanUzbekistanNotes1Legal SystemCivil lawCommon lawCivil law2International obligationsTRIPS, Paris ConventionTRIPS, Paris ConventionParis Convention3Who can claim protection and how it can be claimed?An interested legal or a natural person can file an application with the Competent Authority, not ex officioOwner of a well known TM can file an application with the competent Authority.An interested legal or a natural person can file an application with the Competent Authority, not ex officio4Grounds (criteria) for protectionThe Italian Industrial Property Code affords to both marks that are well-known within the meaning of Article 6bis of the Paris Convention and registered marks that enjoy a reputation the power to cancel the registration of identical or similar marks for dissimilar goods or services, while it affords only the latter protection against the unauthorized use of identical or similar marks with respect to dissimilar goods or services.Any ground competent authority consider relevant especially mentioned in Sec. 86(2) of the TM Ordinance, 2001.1. The mark is widely known among relevant consumers in respect of the goods of the claimant 2. There must be intensive use of the markUzbekistan: the criterion of intensive use of the trademark is contradicting to the Art.2(3) of the WIPO Joint Recommendation;5Competent authoritiesTribunal IP Specialized SectionsTrademark Tribunal, Court of lawBoard of Appeal of the State Patent Office of Uzbekistan6Exception from the principle of territorialityPresentPresentPresentUzbekistan: protection may be granted to unregistered signs used as trademarks and service marks;7Exception from the principle of specificityPresentPresentPresentUzbekistan: too broad - existence of a WKTM is an absolute ground for cancellation of any identical or confusingly similar existing mark or refusal to future identical or confusingly similar mark for any types of goods or services;8Protection from dilution by blurringYesYesSee notes to point 7 above9Protection from dilution by tarnishmentYesYesSee notes to point 7 above10Scope of protection if mark is registeredRegistration does not influence the scope of protectionFor protection of well-known mark registration is not mandatoryRegistration does not influence the scope of protectionUzbekistan: See notes to point 711Scope of protection if mark is unregisteredRegistration does not influence the scope of protectionProtection is provided for unregistered well known marksRegistration does not influence the scope of protectionUzbekistan: See notes to point 712Bad faith considerationArticle 19(2) prohibits the registration of a mark filed in bad faith.Usually considered especially for passing off actionsNot presentUzbekistan: This must be definitely included into legislation of Uzbekistan along with the basics of doctrine of passing off from common Law tradition13Retroactive protection of well-known mark or possibility of coexistence of two similar or identical marks (for similar or identical products in case of unregistered WKTMs)See point 4 aboveYes, Depending upon the merits of a case.See notes to point 7 above

Conclusions

/service marks are used by persons or companies to identify their goods/services. Marks exist to protect consumers from confusion as to the source of a product/service. Principle of territoriality and specificity are very important part of any trademark law. However, an exception to these principles is the well known marks doctrine. Statutory evolution and recent cases show that the protection afforded to "Well Known" trademarks is increasing. Even in the absence of any likelihood of confusion as to the origin of products, the protection of a trademark aimed at providing its owner with a return for promotional and advertising investment is clear.this paper we have reviewed the concepts of the well known and famous marks. We have examined Trademark Laws of Italy, Pakistan and Uzbekistan for approaches to well known trademarks and have found that, in general, well known and famous trademarks are well protected by trademark law in Italy, Pakistan and Uzbekistan even though the means of achieving protection is sometimes is unclear in its path or uncertain in its objectives.

BIBLIOGRAPHY

1. The international discipline and relevant literature

FREDERICK M. ABBOTT - THOMAS COTTIER - FRANCIS GURRY, International intellectual property in an integrated world economy, Aspen Publishers, 2007

BARTON BEEBE, A Defense of the New Federal Trademark Antidilution Law, in 16 Fordham Intell. Prop. Media & Ent. L.J. 2006, 1142 ff.. CORNISH- D. LLWELYN, Intellectual Property: Patents,