Foreign Trademarks Research Articles

‘Foreign’ Trademarks in Jordan and the Influence of Imperial Powers

Abstract The Jordanian Trademarks Law, as it stands today, suffered from the influence of imperial powers. Namely, the influence of the USA and UK has resulted in the introduction of a classification of trademarks, which is: “Foreign Trademarks”. This paper proves the said influence through the standard of well-known trademarks under the Jordanian Trademarks Law, in addition to the preferential treatment of the foreign trademarks in terms of invalidity and annulment. It is argued that the privileges given to foreign trademarks were to the detriment of national trademarks. This paper is a call for Jordan to put national interests first in this area of law, and advances an argument for a legislative reform, De lege ferenda, and the way Jordanian courts and the trademarks’ registrar should deal with the law as it stands today, De lege lata, in order to mitigate the loss that ‘national’ marks currently suffer from.

Mellowing down the rigour of the concept of ‘trans‐border reputation’ to accommodate bona fide domestic use: The Indian and Sri Lankan perspectives

AbstractIn this era of global trade and digital communication, where geographical borders between states have become virtually redundant, the ‘aura’ of well‐known trademarks easily transgresses national borders. As an upshot of this, the reputation and goodwill attached to well‐known trademarks have become less and less commensurate with the territorial boundaries of individual states. This raises the question of whether strict adherence to the bedrock principle of ‘territoriality’ is both apt and justifiable in the backdrop of modern commerce—not only from a trademark holder's perspective but also from a consumer‐centric viewpoint. Although the judicially crafted concept of ‘trans‐border reputation’ is often hailed as a promising solution to this problem; sometimes it postulates a too‐liberal approach to protecting the interests of the foreign trademark owners. Most significantly, the concern has been raised that the application of an unbridled doctrine of ‘trans‐border reputation’ may unduly thwart the interests of local entrepreneurs. Thus, the argument that the ‘priority of innocent use’ by a local trader should not be superseded by the trans‐border reputation of a foreign well‐known trademark cannot be easily ignored. This paper aims to critically evaluate the application of the trans‐border reputation concept within the Indian and Sri Lankan legal landscapes, discussing in detail the implications of the landmark cases determined by the Indian and Sri Lankan judiciaries. Most importantly, it seeks to introduce a mechanism for minimizing prejudice to the bona fide domestic users of marks, by employing ‘bad faith’ as a balancing tool.

ORGANOPHILIC BENTONITES OF UKRAINE. 1. SCIENTIFIC PRINCIPLES OF PRODUCTION. THE MECHANISM OF ORGANOPHILIZATION OF THE SURFACE

In connection with the inevitable integration of Ukraine into the EU and the discovery of new deposits of high-quality bentonite clays in Ukraine, the issues of studying, developing and industrially producing organophilic bentonites — analogues of foreign trademarks Bentone, Geltone, Petrotone — are becoming especially relevant. Without structuring additives of such bentones, the normal functioning is impossible of the most important industries: automotive, paint and varnish, petrochemical, oil producing, rubber, foundry, mechanical engineering, cosmetics, etc. This work is intended for the first time in Ukraine to lay the scientific foundations for obtaining such materials based on local mineral raw materials. For this purpose, the adsorption of a number of cationic surfactants (quaternary alkylammonium salts) on 4 montmorillonites of bentonite deposits in Ukraine and its effect on the stability, electrosurface and rheological properties of mineral aqueous dispersions were studied. Based on the obtained X-ray data and the dependences of adsorption, z-potential and yield point of dispersions on the concentration of surfactants, the mechanism of surface organophilization was clarified and optimal conditions for modifying montmorillonites for obtaining structure-forming agents for organic media were determined. It was shown that montmorillonite from the Neporotovskoye deposit is the most promising for this purpose. Bibl. 48, Fig. 12, Tab. 6.

Perlindungan Hukum Merek Dagang Asing Dalam Kasus The Cheesecake Factory

Well-known marks are associated with high reputation and value, so its synonymous with attractive designs and easy to remember with high quality products/services. In addition, the brand owner has invested to built the brand became famous. This article discusses American cakes company, namely The Cheesecake Factory, had similarities with cakeshop in similar fields in Indonesia. Intelectual Property Rights, including trademarks, certainly plays a very important role in trade because it has a high economic value. As a member of the WTO that participated in ratifying the TRIPs agreement in 1995, a trademark that is a reproduction of a pre-existing mark, imitation, or even just a mere translator as stated in article 6 bis of the Paris Convention, must be rejected or its registration cancelled. Trademark protection in Indonesia is regulated in Law no. 15 of 2001 which was repealed and corrected by Law no. 20 of 2016, but in reality there are still disputes against foreign trademark owners which cannot be fully protected. This article will look at the practice of a lawsuit for trademark infringement that occurred in 2013 between The Cheesecake Factory and De Silva U Chandra but was declared defeated due to premature plaintiffs, as well as solutions to this problem in the future in the form of protecting foreign trademarks and outreach to perpetrators business regarding Intelectual Property Rights.

Wartimes Challenges to Trademark Law: What Will Happen to Foreign Trademarks in Russia? Updating the List of 'Opportunistic' Trademark Applications Recorded by the Russian IP Office (Rospatent)

Wartimes Challenges to Trademark Law: What Will Happen to Foreign Trademarks in Russia? Updating the List of 'Opportunistic' Trademark Applications Recorded by the Russian IP Office (Rospatent)

Omnia Juncta in Uno: Foreign Powers and Trademark Protection in Shanghai's Concession Era

Omnia Juncta in Uno: Foreign Powers and Trademark Protection in Shanghai's Concession Era

Wartimes Challenges to Trademark Law: What Will Happen to Foreign Trademarks in Russia? Presenting the List of 'Opportunistic' Trademark Applications Recorded by the Russian IP Office

Wartimes Challenges to Trademark Law: What Will Happen to Foreign Trademarks in Russia? Presenting the List of 'Opportunistic' Trademark Applications Recorded by the Russian IP Office

The Implementation of Well-Known Trademarks Doctrine in Indonesian Commercial and Supreme Court

The implementation of well-known trademark in indonesia is still unsatisfying especially for foreign trademarks since many foreign trademarks that claimed themselves as well-known trademarks were not admitted for the trademarks were not yet registered or based on judges assessment, not fulfilling the criteria. This research aim is to analyse the implementation of well-known trademarks doctrine in Indonesian commercial and supreme court. The method used is normative-juridical with statute and case study approach. The result shows that the commercial and supreme court have used the criteria of well-known trademarks as stipulated in Law no. 20 Year 2016 and Permenkumham no. 67 Year 2016 as well as WIPO Joint Recommendation in identifying a well-known trademark. However, the implementation is inconsistent. it is inconsistent because in one case (STARCO case), court prior to the first to file principle while in other case (Alexander Mcqueen case), court admit the trademark as a well-known trademark though it is not registered yet. The second case is coherence with the well-known trademark doctrine which the idea to protect a high reputed trademark even it is not registered. Secondly, the emptiness of the detailed criteria has made the judgement on well-known trademarks becomes widely opened for interpretation. Thus, the next convention and regulation must set aside the first to file principle and prior to the criteria only in identifying a well-known trademark. Moreover, the criteria of minimum number of registration or application should be revised by requiring the trademark to be registered or applied in at least 6 out of 10 countries with the biggest population in the world so that it is proven that the trademark is exist among the most world population. In addition, the standard level of legal enforcement must entail minimum two verdicts so that the enforcement has obtained a re-confirmation.

Protection of Well-Known Trade Marks in Nepal: An Analysis of Challenges Faced by Foreign Trade Mark Holders

Protection of Well-Known Trade Marks in Nepal: An Analysis of Challenges Faced by Foreign Trade Mark Holders

Crying “Fraud” and Cost-Shifting: U.S. Foreign Trademark Application Regulation and International Trade Law

This paper examines new U.S. regulation of foreign trademark applications through the lens of international trade and international intellectual property law treaties and conventions to which the U.S. is a member, and ultimately concludes that while there is unlikely to be a successful international challenge to a July 2019 USPTO regulation on these applications, the regulation itself violates American commitment under the Trade-Related Aspects of Intellectual Property (TRIPS) Agreement.

A Case Against the Use Doctrine in Trademark Law

Mindful of the current trend within the United States to revive the focus on the use of trademark to determine a mark’s ability as a source indicator, this paper highlights how focusing on use can create disparate results by examining the role of use when dealing with well-known marks. Hence, this paper implicates the prescriptions from harmonized trade regime, especially trademark law. In doing so, the paper outlines larger public policy concerns that will ensue especially considering the role of the use doctrine in the context of international harmonization of protection of well-known trademarks. In order to do so, this paper examines protection of foreign marks in two jurisdictions, India and the United States to identify global public policy concerns which has national implications. First, the paper also debunks the myth that that harmonization would result in trading partners extending reciprocal treatment. That is, inapposite to the touted position, this paper uses the well-known marks example to outline disparate outcomes that ensue when focusing on use as source indicator. Second, in highlighting how harmonization has not resulted in uniformity or predictability internationally to identifying and recognizing well-known trademarks, this paper discusses how a lack of predictability under a harmonized system has raised strong public policy as well as economic outcomes that may be detrimental to some markets but benefit others. Overall, this paper asserts that a coherent approach will have to necessarily involve some level of flexibilities to determine what fame is for a foreign trademark in each jurisdiction depending on the market in question.

I Will Protect this House: US Sport Brand Trademark Infringement Claims in China

In 2017, two US sport brand companies, Under Armour and New Balance, won trademark infringement cases in China. These victories demonstrated a potential turning point in Chinese trademark law and the protection of foreign company marks. The country has long been plagued with rampant counterfeiting and trademark squatting issues, but since China’s acceptance into the World Trade Organization in 2001, the country has made moves to improve its trademark laws through two amendments. China’s first amendment occurred in 2001. However, this amendment suffered from multiple vulnerabilities, providing loopholes for foreign trademarks to be infringed upon. The most recent amendment, which was enacted in 2014, provides stronger protections and resolves the vulnerabilities of its predecessor. This article discusses the limitations of the 2001 amendment and the opportunities afforded to foreign brands for trademark protection under the 2014 amendment. The Under Armour and New Balance cases are discussed as examples of a new trademark enforcement paradigm in China. Recommendations for foreign brands seeking to expand and protect their trademarks are also provided.

ANALISIS KEKUATAN UNSUR ITIKAD BAIK PADA PELAKSANAAN PENDAFTARAN MEREK DI INDONESIA (Studi Kasus Putusan Mahkamah Agung Nomor 364K/Pdt.Sus-HKI/2014) BERDASARKAN UNDANG-UNDANG NOMOR 20 TAHUN 2016

Brand is one part of intellectual property rights. Brand is an identifying mark that distinguishes one's property with another's property. However, there are many parties who have bad faith and want to be a part of other people brand’s fame. So they use the same brand name in order to make the goods produced is well-known. Brand is regulated in law number 20 2016 about brand and Geographical Indication. Therefore we need to register our brand to avoid the parties who have bad faith. The authors want to discuss the issue of the strength of good faith element in the registration of trademarks in the implementation of registration in Indonesia and also the protection for brand holders whose registration are rejected in Indonesia. Author will use normative method and refer to scientific books. The strength of good faith element in registering can be seen in Article 4 of the Trademark and Geographical Indications. For protection, brand holder can register it in advance, if it has been approve, the brand holder can submit claim cancelation that regulated in Article 77 to the Central Jakarta District Court to be reviewed and decided who the trademark is and be prove who has the element of bad faith. It is suggested that the original trademark owner's to register their trademark at brand office Indonesia. For foreign trademark owner, they can also improve their trademark to be a well-known brand.

The potential of geographical indications and Its legal protection

The legal protection of Geographical Indication (GI) is given to Indonesian typical products to prevent them from being registered as overseas brands, as previously happened in the case of Toraja Arabica coffee registered by a Japanese company and the Gayo coffee by a Dutch company. With the foreign trademark registration, the products harvested from the land of Indonesia can no longer be recognized as belonging to Indonesia because they can hardly be claimed to have come from Indonesia. Therefore, it is the foreign party that will enjoy the benefits of the famous Indonesian products. Geographical indication certainly requires a legal protection. This is important so that the natural rights owned by the original holder can be guaranteed and a sense of security can be realized. A product yielded from the nature and human creativity that has distinctive features, cannot be found elsewhere, and has a reputation that can increase the competitive power of the original region should get more attention from the government, especially the local government. The legal protection of Geographical Indication does not only provide economic benefits to the right holder, but also to the geographical environment of the product origin.

Dreaming of the West: The power of the brand in Soviet Lithuania, 1960s–1980s

The article reveals the interest in foreign trademarks observed in Lithuanian society from the 1960s through the 1980s, when the demand for brand names spread after Western culture reached the Soviet Union. The consumption of Western cultural products, or imitations thereof, became one of the key symbolic expressions of freedom in Soviet society. In Lithuania, the most popular clothes were those bearing fake trademarks, even though Soviet authorities attempted to prevent the desire for and the wearing of these garments through the use of ideological tools.

Sportswear brand names adaptation from alphabetic languages in Modern Standard Mandarin and vice versa

Abstract – The augmentation of consumers and the development of the sports industry directly depends on the correct and successful coinage and translation of the sports products brands from foreign languages into Modern Standard Mandarin and vice versa. This paper suggests a brief look at foreign and Chinese domestic sportswear brand names from a linguistic and cultural viewpoint. Foreign trademarks’ adaptation process in Modern Standard Mandarin is formed by several different categories, phonemic loans being the most numerous one. Adaptations of this type can be faithful or deviant, and often convey not only phonemic similarities, but also semantic associations. Semantic and graphic analysis of Chinese domestic top brand names shows that the principle of the auspicious strokes numbers is accurately followed. When introducing their names written in Latin letters on the international arena, Chinese brands usually employ phonological transcription of their original names, which is either faithful or deviant mapping of pīnyīn . In order to make successful naming decisions, it is important to understand how the recipient language interprets explicit and implicit linguistic information encoded in the different donor writing system. To avoid any possible gaffes in adaptation of names, acronyms or slogans, one must be familiar with cultural traditions, superstitions, symbolism, and frequent ambiguity of Chinese characters.

Qualitative Evaluation of Imported Frozen Chicken Thighs in Erbil Markets

This paper presents an investigation of the quality traits of imported frozen chicken thighs that were available at the whole sale and retailed markets in Erbil, with the aim to evaluate their fitness to quality standards and their human consumption. For this purpose, three foreign trademarks (Pilgrim's, Qualiko, and Lades) of imported frozen chicken thighs (15 from each trademark) were collected. The label information were conducted for all samples. Different indicators were measured to compare the hygiene state of the frozen chicken thighs, these indicators referred to (thawing loss, cooking loss, water holding capacity and determination of myoglobin). The study reached the following results: There were significant differences (P<0.05) between samples of whole sale or retailed market. The results showed that the Lades and Qualiko trademarks were recorded the lowest thawing loss except for Pilgrim's mark which was upper in range according to the Iraqi Central Organization for Standardization and quality control. Although there were significant differences (P<0.05) between samples of whole sale and retailed market in the cooking loss and water holding capacity tests, but they were still in good quality. The results obtained of Determination of myoglobin were within the normal range, except for Qualiko mark which were lower in range.

Intellectual Property Protection in China (Shanghai) Pilot Free Trade Zone-Judicial and Administrative Practice in Trademark Infringement of OEM

Trademark Infringement of Original Equipment Manufacturer (OEM) is an important issue in the China (Shanghai) Pilot Free Trade Zone. Such trademark infringement disputes arising from conflicts between the foreign client with foreign trademark rights and the domestic trademark owner with a similar trademark on the same or similar goods are arguable since the so-called “infringement” barely results in confusing or misleading the relevant people. However, court verdicts on this issue have been inconsistent. Furthermore, the customs department’s approach in determining infringement of OEM has been restricted by the narrow scope of interpretation of the relevant provision in the trademark law. Stemming from the differing approaches taken by the courts and the administrative authority, this article attempts to trace the root of the problems and suggest viable solutions.

The Legal Consequences of Protecting Unregistered Well-known Foreign Trademarks under Jordanian Legislation

This article distinguishes between the protection of well-known foreign trademarks and well-known national trademarks under Jordanian legislation, in particular the Jordanian Trademarks Law and the Unfair Competition and Trade Secrets Law. This article does not dispute that well-known foreign trademarks will enjoy certain privileges, whether registered or not. Rather it contends that reforming Jordanian Trademarks Law to remove vagueness in protecting well-known national trademarks may hold merit. Any legislative change, however, would need to be carefully considered in light of how well-known foreign and national trademarks generally coexist under the Jordanian Trademarks Law.

Fundamentals of the Nigerian Trade Marks Act and implications for foreign trade mark owners

Since trade marks are crucial to the promotion of trade and economic development, it is no surprise that most developed countries often update their trade mark laws to reflect modern trends. The same thing cannot be said of trade mark laws of many developing countries such as Nigeria where, for example, marks are regulated by the Trade Marks Act (NTMA) 1965, this being a replica of the UK Trade Marks Act 1938 (UKTMA 1938). As detailed as the 1938 UK Act was, scholarly opinion agreed that it was poorly drafted and deficient in many respects. This deficiency was wholly inherited by Nigeria. Fifty years after enactment, the NTMA remains unamended. This legislative inertia prompts this article to discuss and analyse some salient but deficient provisions of the NTMA, with a view to drawing the attention of foreign trade mark proprietors to the position of the NTMA on selected issues of importance. This analysis will help foreign trade mark proprietors to make investment decisions vis-a-vis their marks in Nigeria. The article concludes by suggesting a replacement of the current Act with new legislation which will take cognizance of recent developments in international trade mark administration and practice.