Theoretical Analysis of Trademark Rights: Absolute or Conditional Exclusive Right?

Determining the scope of the proprietor protection on the one hand and preventing potential misuse of this legal protection on the other hand with the aim of establishing a fair and equitable balance between the interests of the investor and the entrepreneur and the interests of competitors and the public Consumers in the market, are challenging trademark rights issues. This article, while emphasizing the need to restrict this right and the need to strike a reasonable balance between the interests of entrepreneurs and third parties, seeks to demonstrate through a comparative study along with an analysis of domestic and foreign case law, the design of a system of appropriate restrictions and exceptions. The most effective legal mechanism is to achieve this. The results of this review and analysis suggest that trademark law has a fundamental underlying principle, namely, the nullity of trademark exclusion. In pursuit of this fundamental principle, firstly, the legislative support business creation and prosperity by investors and entrepreneurs. Secondly, this protection should not prevent the proprietor competitors from doing business without justified reason.