Sound Trademark

Abstract

In this paper, we will discuss that the Iraqi Trademark Law depends on the perception of vision as a prerequisite in the case of registration on any trademark in accordance with its provisions, which requires the exclusion of a wide range of developed marks such as sound recording, which has spread widely in recent times and which depends on the other senses to realize them, which raises many problems related to the scope of legal protection for these registered trademarks abroad and inside Iraq, which prompted this study to apply the rules for the protection of unregistered trademarks on these marks and to apply the provisions of the well-known trademark contained in the trademark law when available. The conditions of goodwill in those trademarks that are not perceived by sight, in addition to the provisions of the law of unfair competition and trade secrets that allow the filing of a claim for compensation for infringement of trademarks, even if they are not registered and are not recognized by sight.