The Problematic Multiplicity of Judicial Standards in Iraq for Distinguishing Between Two Similar Trademarks

Abstract

Trademarks are a fundamental element in markets, reflecting the identity and quality of products and services. With the increasing number of registered trademarks, the issue of similarity between them and their impact on consumers and trademark owners has emerged. This research aims to study the multiple judicial standards used to distinguish between similar trademarks in Iraqi courts, analyzing relevant judicial decisions through an analytical approach. The research found that the Iraqi Trademarks and Data Law lacks clear criteria for determining similarity, leading the judiciary to rely on varying standards that leave significant room for judicial discretion, resulting in inconsistent rulings. Based on these findings, the research recommends unifying the standards by issuing guidelines from the Court of Cassation or government instructions, as well as developing an electronic program that uses artificial intelligence to analyze the similarity between trademarks based on unified criteria.