Analysis Of Non Traditional Trademarks In North American Countries

The purpose of this thesis is to study the Intellectual Property rights, in particular with trademark protection applied to non-traditional marks. Is the traditional theory of trademarks really protecting all the signs that can be used to distinguish wares and services? Is the reality of commerce compatible with the legal theory of the so called traditional trademarks? There are other marks different to those commonly recognized by law, that are capable to be used as trademarks but they are not recognized and therefore they have no legal protection under the scope of Intellectual Property Rights. The purpose of this thesis is to put forward some reflections on the present state of the existence of these "non-traditional trademarks" and the legal effects that they produce in Mexico, Canada and the United States of America.