A comparative study of the substantive provisions of trademarks with an emphasis on color and tree dimensional marks

To be considered trademark, symbols and emblems must be missing some situations (Negative substantive conditions) and have some conditions (Positive substantive conditions). Non-traditional marks, especially those which are visible Such as colors and three-dimensional marks Face challenges In order to comply with these conditions.some declare that such mark are not registrable they strictly believe trademarks limited to the traditional marks such as letters and numbers and images And they emphasize that non-traditional visual symptoms are neither unable to meet some essential requirements nor- due to their specific nature- acceptable as a trademark because of the limited grounds. In contrast, some believe that not only the symptoms can coordinate with the terms of traditional trademark but also the need to promote such innovation requires support of these symptoms. In line with the second opinion it seems that Examples of trademarks are only a way to distinguish the origin of goods and persons and are not limited to traditional marks.