The law applicable to international trademarks

Abstract

A trademark is considered one of the most important elements of intellectual property, as it plays a fundamental role in distinguishing goods and services and indicating their source, in addition to its growing economic value in the context of globalization. The research examines the legal nature of trademarks by presenting their legislative and doctrinal definitions, highlighting the modern trend toward broadening the concept of the trademark and not limiting it to visual perception. The study also addresses the distinction between international and national trademarks in terms of the scope and duration of protection and their economic value, while emphasizing the legal independence of trademarks from other commercial designations. Furthermore, the research discusses the conflict of laws in the protection of international trademarks, reviewing the main approaches to determining the applicable law, as well as the rules governing contracts related to trademarks. The research concludes by emphasizing the importance of unifying the legal rules governing international trademarks, due to their role in enhancing legal protection and achieving stability in international commercial transactions.