Procedural protection of the trademark in GULF COOPERATION COUNCIL TRADEMARK LAW - an analytical study

Abstract

Trademarks have become an important component of industrial property. It concerns both the merchant and the consumer; it distinguishes the goods of the merchant from others, and enables the consumer to distinguish the goods. Due to the effort and money the merchant exerts on the goods bearing his mark to increase their quality and to advertise them, they must be protected, and this is what the laws and regulations in various countries have sought, as they have worked to protect the trademark procedurally, criminally and civilly. Despite the importance of the procedures and their role in protecting the trademark, they did not receive sufficient research, analysis and evaluation. Therefore, the research aims to shed light on the administrative procedures related to the trademark from the time of its registration until its cancellation, by describing these procedures, then analyzing them and then evaluating the extent of its impact on achieving the desired protection. The researcher found that procedures are considered the first line in protecting the trademark, and that the system and its regulations achieve a great deal of it, and recommends setting a specific standard for the meaning of degrading goods or services, and clarifying the procedures and provisions related to mortgaging and seizing the trademark, and re-drafting the law and its executive regulations in a way that achieves this, and makes each of them complement the other without repetition.