الحماية الإجرائية " الإدارية والقضائية" للعلامة التجارية " دراسة تحليلية مقارنة "
محمود صادر خليل صالح
Mahmoud Sader Khalil Saleh
A trademark is devoid of any legal protection, when the mark is merely an idea in the mind of a trader who wishes to establish a trademark for his commercial establishment to distinguish it from other establishments similar to its business, and to name the establishment, therefore the idea of this study, will be dealt with two main axes, both of which are aimed at protecting the mark, and both of which protect the trademark from a particular side, but both are interrelated . The study began with the first aspect, the administrative procedure, which creates protection for the trademark, starting with registration as a key measure to establish trademark protection and ownership, which must have formal and substantive requirements to be followed by objection to trademark registration and appeal the related final decision, and this is true when the objector is aware of the registration of his mark within the duration of the objection . If the objection is not filed within the legal period, and the owner of the original mark has learned that his mark has been registered, the right of the owner of the original mark to be removed from the register is limited to a request to the trademark registrar or to file a claim with the High Court of Justice to void the unlawful registration of that trademark . As a result, the victim may follow the administrative procedures and protect his mark administratively, but he is left to follow judicial proceedings in order to stop the attack on his trademark temporarily abused, has been examined the mechanisms available to the owner of the trademark in how to protect his trademark from the work of unfair competition, Where the trademark owner has several options to protect his or her mark, through expedient procedural protection, and begins with temporary protection through conservative protection,then move the border procedural protection through border measures as a means to stop the release of counterfeit goods across state borders. The purpose of this study is to investigate the importance of trademark protection from a legal and procedural point of view. This study concludes with the researcher's conclusion that the results of the research were very important, within two sections; the first deals with the administrative protection & the second with judicial protection. The researcher also reached a number of recommendations which would aim to add, amend and repeal some legal provisions in the Trademark Law No. (33) Of 1952 and improve the conditions of this legislation to achieve the highest level of procedural legal protection for the trademark .