Fair Use of another Trademark in the Comparative Advertising

Among other exceptions governing on trademarks legal system is Fair use of trademarks in comparative advertisement. Such advertisements act as a phenomenon in the field of competition and global trade. Through this comparisoncharacterize advantages and supremacies of goods and services in compare with trademark related to goods and services of someone else. Since there is a weak legal literature on comparative advertisement, this article is to analyze the concept of comparative advertisement and investigate the comparative criteria and conditions on the use of someone else’s trademark in such advertisements to finally fill the mentioned gap in our legal literature. Studies indicate vagueness and uncertaintyin current statutes and regulations.. But recently,withdraftingcommercial advertisement Act, wecanclearlysee thecomparative advertisement in the statutes of Iran.