What is the Specialty Principle?

 

 

The owner of a trademark has exclusive rights over same in relation to the products or services of interest. His right to prevent third parties from using the trademark is limited by the specialty principle.

 

This principle allows the coexistence of even identical trademarks as long as they protect different products or services in order to avoid risk of confusion among consumers regarding its origin, association or loss of reputation.

 

This means that two identical trademarks can coexist in the same class provided their interest is on different products or services.

 

Due to the fact that trademarks cover specific products or services and they do not represent an abstract, their owners will be only able to claim their rights exclusively over them in particular.

 

The only exception to the specialty principle are notorious trademarks (more on this topic next week).

 

Do you have any questions? Send me an email to maria@mjaintellectualproperty.com

 

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