هر حرف یا حروف، کلمه، عدد، عکس، رنگ، تصویر، برچسب یا ترکیب آن ها با هم که جهت تشخیص
خدمات و کالاها به کار می رود، علامت تجاری به حساب می آیند.
حتی در بعضی از کشورها شعارهای تبلیغاتی هم علامت تجاری به حساب آمده
و در ادارات ملی ثبت علامت تجاری به ثبت می رسند.
در خیلی از کشورها شکل هایی از علایم تجاری مانند صداها، رنگها، علایم سه بعدی در شکل و بسته بندی کالا
و حتی نشان های قابل استشمام یا همان بوها به تازگی رایج شده اند.
در متن زیر برخی علائم تجاری که غیرقابل ثبت می باشند را ذکر می کنیم:
1- واژه هایی که عام هستند مانند یخچال، تلویزیون و ….
2- واژه ها و اصطلاحاتی که محصول را توصیف می کنند مانند واژه سرد برای یخچال، گرم برای بخاری مگر
در مواردی که این واژه ها برای توصیف بخشی از یک نشان خاص یه علامت تجاری به کار روند.
3- علامت های گمراه کننده که باعث گمراهی و اشتباه کردن مصرف کننده نسبت به کیفیت، ماهیت، کیفیت و….. می شود.
4- علامت هایی که خلاف موازین اخلاقی و نظم عمومی هستند.
5- پرچم کشورها، نشان های سلطنتی، علائم رسمی دولتی و نشان کشورها و سازمان های بین المللی و…
6- علائم در مواردی که در زیر ذکر شده اند، قابل ثبت نمی باشند:
سایت مشاوره حقوقی آماده ارائه مشاوره حقوقی در زمینه ثبت علائم تجاری و انواع سایر
خدمات حقوقی و کیفری به شما عزیزان به صورت انلاین و 24 ساعته می باشد.
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