Reflection of fame the trademark on the principles of trademark law

Authors

  • بوترفاس حفيظة بوترفاس حفيظة Faculty of Law and Political Science, Abou Bekr Belkaid University of Tlemcen Author

Keywords:

Trademark, The famous mark, Principles of trademark law, Principle of territoriality, Principle of personalizatio

Abstract

The well-known brand has become a substantial asset in the economic activity and it is being studied with a higher value than the ordinary brand, and that what made it vulnerable to more attacks than the attacks ordinary brand. Because of the frame didn’t come from a vacuum, but as a result of effort and expenses that changed through taking for the quality of products, the abundance of distribution and advertising. Until it was established in the minds of the public, it was unfair to limit its protection to the limits determined by the principles of the trademark law. So, international agreements and legislation have recognized the well-known mark has a protection outside the country in which it is registered or where it has been deposited, which constitutes an exception to the principle of territoriality. Although it is not registered, it has legal protection. Beside this, it is not allowed for the another to use it to distinguish the different products or services from those for which it is famous, and this is an exception to the principle of personalization; But it all depends on the availability of certain conditions.

Author Biography

  • بوترفاس حفيظة بوترفاس حفيظة, Faculty of Law and Political Science, Abou Bekr Belkaid University of Tlemcen

    Research Laboratory of Private Law

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Published

2026-06-11