Trademark Research Articles

The Importance of Brand Registration to Reduce Unfair Competition in the World of Trade

Objective: The purpose of this study is to find out the legal solution to the importance of trademark registration to reduce the occurrence of unfair competition in the world of trade and provide sanctions for parties who imitate and copy marks. Method: The Research methods carried out in a systematic way in carrying out analysis and data collection activities in striving for certain goals to be achieved are definitions for research, For the realization of this research, the method applied is the analytical descriptive method. The purpose of this method is intended to be able to deliver a bright picture as a whole, carry out an assessment of positive legal norms and dig deeper into legal facts. The type of research that is then also applied in this research is normative juridical. Results: With a multitude of product brands in the market, it often confuses consumers when making choices. Sometimes, consumers choose products based on their budget, leading to the circulation of many counterfeit brands with significantly lower prices but identical names and appearances to genuine products. This is what is referred to as a violation of trademark rights. Therefore, for a trademark to be valid, it needs to be registered. Registration is carried out to provide valid proof of ownership of the trademark, to challenge counterfeit brands in circulation, and to reject trademarks with identical appearances registered by others. Thus, trademark registration is conducted to obtain protection and legal certainty for a brand.

Legal Protection Of Bank Financial Institution Brand Against Username Squatting Through Twitter Accounts Based On The Trademark Law And The Electronic Information And Transaction Law

The use of a brand as a Twitter social media account is one way for brand owners to introduce their goods and/or services as well as a guarantee for their quality. The rise of fake Twitter accounts on behalf of the financial institution Bank Mandiri proves that trademark infringement does not only occur conventionally, but also through the scope of cyberspace. Writing this normative law aims to determine the qualifications for the act of using a bank's financial institution brand as a Twitter social media account and to determine what legal action should be taken by Bank Mandiri against those who use its brand without rights and permission. This research is a legal study employing the normative juridical approach method, a type of legal writing that is conducted by examining library data. The study applies a qualitative analysis method, connecting legal principles, norms, and theories to determine legal qualifications and consequences. The results show that using trademarks as social media accounts should be based on principles, including legal certainty, good faith, and neutrality within technology. Civil law measures offer a proportional legal remedy, seeking compensation for economic harm suffered. This study suggests the need for specific regulations to prohibit the registration and use of trademarks as social media accounts in the virtual space. This research contributes to the understanding of trademark protection in cyberspace, and provides legal guidance for financial institutions to address trademark misuse on social media platforms.

Role Of Intellectual Property Theories in Addressing Anomalies Created By The Intersection of Artificial Intelligence and Intellectual Property Rights: An Analysis

Globally, the use of artificial intelligence (AI) is expanding exponentially. The issue of managing intellectual property in AI is raised by this surge. Discussions and moderating have taken place, but no resolution has been reached. The issue of whether the work created by an AI should get a special status still exists. When it comes to the control of IPR in artificial intelligence, there are a few oddities. The ownership of patents and copyrights is in doubt, and there are serious worries about the consequences of violation. With the development of technology, there is no certainty on the law, despite existing international accords and conventions. In the absence of artificial intelligence (AI), intellectual property (IP) rules have, up to this point, treated IP as a product of human cognition. The current boom in AI, which has seen the development of IP from the "intelligence" of software, has upended this base. But the non availability of law on works created by artificial intelligence the law is left far behind to deal with the anomalies created by the intersection of “Artificial intelligence and intellectual property rights”. This research paper examines the role of intellectual property theories in addressing AI anomalies, focusing on copyright, patent, and trademark laws. It analyzes utilitarianism, labour theory and personality theory, examining authorship and ownership in AI-generated works and potential conflicts between human creators and machine-generated content. In this research paper researcher(s) will- Analyse various theories of Intellectual properties to tackle the anomolities created by the intersection of IPR and AI. Criticize and suggest changes in the theories to make them helpful for emerging frameworks on AI and IPR.

Some Certainties and Some Uncertainties in European Union Trade Mark Law

Abstract Thirty-five years have passed since the entry into force of the First Trade Mark Directive (First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks). The purpose of this article is to reflect on the journey thus far and the road ahead. This article does this in two ways. The first part of the article identifies some aspects of European Union trade mark law that can be regarded as uncontroversial. The second part explores a number of issues of a more speculative nature as well as some trends that may shape the evolution of European Union trade mark law in the years to come.

The universe identification and sampling design of consumer surveys in trade mark lawsuits

A consumer survey is a scientific method of presenting evidence of mental associations by canvassing a representative sample of the relevant population. Its admissibility and probative weight depend upon an evaluation of the quality of the survey’s methodology. Since courts have found many different requirements for a proper universe and representative sample, these areas have become constant sources of criticism for survey evidence. This article focuses on two aspects of a consumer survey: the determination of the relevant universe of consumers and the sampling method of a consumer survey. Section 1 briefly discusses the use and application of consumer surveys in China trade mark lawsuits. Section 2 explores the determination of the relevant universe and Section 3 investigates the representativeness of the survey sample. Section 4 examines the current problems in the judicial treatment of survey evidence and offers some possible solutions.

Community Empowerment in the Development of Natural Tourism Villages in Improving Community Welfare in Abiansemal Village, Badung Regency

This paper is the result of Community Service activities located in Abiansemal Village, Abiansemal District, Badung Regency. The potential of the village owned by Abiansemal Village is in the form of natural scenery that is still beautiful and unspoiled. With beautiful and green natural capital, natural tourism is the right one to develop. Efforts to develop tourism villages in Badung Regency are for equitable development of the tourism sector so that it is not only focused on South Badung which has become a trade mark for Bali tourism. In addition, the still thick tradition of local cultural values and nature that is still beautiful is seen as a worthy potential for the development of the tourism sector by minimizing negative impacts. There are problems in the development of natural tourism, namely the lack of optimal community participation in involving the potential of existing tourism villages. With such problems, there needs to be assistance in optimizing community participation in the development of natural tourism. As a result of community service, there is an increase that the role of the community that was previously not optimally involved in the development of the Natural Tourism village in Abiansemal, so with the existence of service activities there is a significant development in community involvement. There is an increase in understanding related to natural tourism by tourism awareness groups in Abiansemal village. Then there are ideas that arise by the local community and are facilitated by village officials to develop supporting facilities for natural tourism villages in Abiansemal in the form of Culinary stalls with specialties from Abiansemal Village and food from the surrounding area.

3D Shape Marks: A 360-Degree Analysis

Abstract Today’s consumers use a range of cues to identify product origin, including brand names, logos, colours and shapes. The range of registrable marks has therefore expanded, but this brings a risk that features which others have a legitimate competitive need to use will fall under the exclusive control of a single undertaking. Registration may also be used to extend the finite duration of other IP rights that the owner has already enjoyed. Consequently, trade mark law contains functionality limitations on registration designed to protect these competitive concerns. This piece considers how well those limitations are working. The CJEU has also seemed to apply stricter distinctiveness rules to shape marks based on the assumption that consumers are not used to seeing shapes as origin indicators. Some have assumed this means that it is almost impossible to register shape marks—this research examines whether this is really so. How functionality and distinctiveness work in practice is examined through an empirical analysis over a 5-year period of all shape mark applications to the European Union Intellectual Property Office. This piece considers which types of marks are being registered, which are being refused and why. It reveals that distinctiveness, rather than functionality, is having the biggest impact on shape mark registration, and in fact a larger number of shape marks than expected are registered: often because of the addition of non-3D matter. However, are a significant number of marks comprised just of product shapes. It concludes with a discussion of competitive and policy challenges identified by this research.

EU Case Law Guidelines on Registering Three-Dimensional (Shape) EUTM in the Light of the Trademark Reform

The case-law developed by the European Court of Justice aims to ensure consistency and legal certainty in the registration of EU three-dimensional trademarks. It interacts closely with the legislative amendments introduced by the trademark reform, which aim to make the registration procedure for EU trademarks more flexible and transparent, thanks to the European Court of Justice's work in interpreting and developing the law. The problem of the definition and registration procedure of three-dimensional marks is an important issue in EU trademark case law, as this category of marks is the most popular of the non-traditional marks for which the trademark reform provides a legal framework, but also overlaps with other forms of intellectual property protection.

The concept and features of trade relations as a subject of Trade Law

It is established that Trade Law is a branch of law which regulates legal relations arising in the course of business activities, in particular, those related to the purchase and sale of goods and services, as well as other transactions related to the relevant processes. This branch of law contains legal rules that govern the establishment, registration, management and liquidation of enterprises, transactions, fair competition, consumer protection, intellectual property, patents and trademarks, and other aspects of business activities related to trading.
 The article proves that trade legal relations as the subject matter of the Trade Law branch are a complex set of property and non-property relations arising between trade law entities in relation to the sale and purchase of goods and services. These legal relations include all stages of the process of buying and selling goods and services: from finding partners and signing a contract to making payments and fulfilling the parties’ obligations.
 It is argued that the key features of trade legal relations are as follows: parties to trade legal relations are not only legal entities, but also individuals; one of the parties to legal relations is necessarily an entity which sells goods and services; the relevant relations arise not only by concluding a written agreement, they may also be oral; these legal relations are governed by the rules of not only Trade Law, but also other branches of law which are closely intertwined with each other; parties to trade relations usually have a single goal which is a commercial one; the quality and efficiency of trade relations affect the development of the state's economy as a whole, as well as the financial and economic condition of each individual; regulation of trade relations is an important guarantee of observance of the rights and freedoms of a person using services, works, etc.

LEGAL CONSEQUENCES OF REGISTERING A TRADEMARK UNDER A PERSONAL NAME IN A LIMITED LIABILITY COMPANY

Problems with the application of law in society are indicated by the existence of the GOOD DAY trademark dispute between PT Santos Jaya Abadi and Soedomo Mergonoto as the director of PT Santos. In the GOOD DAY brand dispute, the judge handed down a decision to reject the plaintiff entirely at first instance and cassation. The aim of the study was to analyze the judge's considerations in the decision Number 722 K/Pdt.Sus-HKI/2015 and the legal consequences arising from registering a mark with an individual's name for legal entities in a limited liability company. In conducting research, using normative juridical research methods, because normative juridical focuses on legislation and literature that is relevant to the case under study. The data analysis method used is qualitative analysis. The results of the study show that the verdict handed down by the judge in decision Number 722 K/Pdt.Sus-HKI/2015 is contrary to the principle of separation of assets, especially contained in Law Number 40 of 2007 concerning Limited Liability Companies. The defendant, namely Soedomo Mergonoto, in registering the GOOD DAY brand which had been developed and promoted with funds from PT Santos Jaya Abadi under the personal name of the directors, the actions of the directors showed bad faith. The legal consequence is that there is an exclusive right attached to Soedomo Mergonoto due to trademark registration, while PT Santos Jaya Abadi does not have exclusive trademark rights.

Familiarization with ambulatory sleep and blood pressure monitoring is necessary for representative data collection.

Ambulatory sleep and blood pressure monitoring are gaining popularity as these can be completed in an individual's home. Little is known regarding the reliability of data and the time it takes to acclimate to the equipment. This study aimed to determine how many nights of wearing the monitoring equipment were required to restore sleep architecture and blood pressure data to baseline. It was hypothesized familiarization would be demonstrated by night 3. Ten male and 10 female subjects completed three nights of sleep and blood pressure recordings. At visit 1, the subjects were familiarized with the equipment and instructed to wear the Sleep Profiler{trade mark, serif} and SunTech Medical Oscar2 ambulatory blood pressure cuff simultaneously for three consecutive nights, then subjects returned the equipment. The percent of time spent in rapid eye-movement (REM) sleep was statistically different on night 3 when compared to night 1. Wake-after-sleep onset and sleep latency were not statistically different between nights 1, 2, and 3. Systolic, diastolic, and pulse pressure were all significantly lower on night 3 compared to night 1. Cortical and autonomic arousals were statistically different on night 3. Ambulatory sleep and blood pressure monitoring need at least 3 nights for familiarization. The percent of time spent in REM sleep was statistically different on night 3 when compared to night 1. Systolic blood pressure, diastolic blood pressure, and pulse pressure were all significantly lower on night 3 compared to night 1. Cortical and autonomic arousals were statistically different on nights 3 and 2, respectively compared to night 1. Based on these findings, ambulatory sleep and blood pressure monitoring takes three nights before the data are reliable and the person is familiarized with the mode of measurement. Therefore, it is recommended to use at least three nights of data collection when using the Sleep Profiler and Oscar2 ambulatory blood pressure cuff in order for results to be valid and reliable.

THE ROLE OF REGIONAL GOVERNMENTS IN EMPOWERING MSMEs THROUGH BRAND REGISTRATION IN THE ERA OF DIGITALIZATION

This research discusses the role of local government towards the empowerment of Micro, Small, and Medium Enterprises through trademark registration in the digitalization era. This research aims to find out how the urgency of trademark registration in providing legal protection to business actors and the role of local governments. As stipulated in Law Number 23 of 2014 concerning Regional Government, it is explained that the provisions regarding cooperatives, small and medium enterprises are the authority of the Regional Government in the implementation of mandatory affairs in facilitating Micro, Small and Medium Enterprises through trademark registration in this digitalization era. The research method used in this research is normative juridical research method using primary and secondary legal materials which are processed qualitatively using deductive logic. From the results of the research presented, it can be concluded that the local government synergizes with the Directorate General of Intellectual Property in helping businesses get trademark protection through first, organizing socialization activities for trademark registration of Micro, Small and Medium Enterprises products that can be done with an electronic system with the aim that businesses understand the importance of trademark registration for their products. Second, the local government can facilitate the existence of collective brands in each region that will be used by economic actors of Small and Medium Enterprises with the purpose of fostering the pride of each region of the product origin of the region. The trademark registration of Micro, Small, and Medium Enterprises is done collectively as a form of empowerment. Trademark registration system in Indonesia embraces constitutive (first to file) where in this system requires the registration of Trademark in order for a Trademark can get protection, protection is only valid for registered trademarks.

The Problems Related to Potential Trademark Rights Infringement: Construction in Inclusive Legal Perspective on Unregistered Marks

In the current era of globalization and modernization, trademarks play a crucial role in distinguishing products or services in the market. Valid and protected trademark rights are valuable assets for their owners. However, the phenomenon of unregistered trademarks often poses a challenge in trademark protection. This research aims to analyze the legal construction of unregistered trademarks and the conflicts that arise from the perspective of inclusive law. The focus of this research is on the analysis of legal aspects, rights of trademark owners, consumer rights, public policies, and socio-economic aspects. The research method used is normative legal research with a dogmatic legal approach. Data sources include laws, regulations, court decisions, and legal literature related to trademarks. Data analysis techniques use a deductive approach with the application of relevant theoretical frameworks. The results of the research indicate that the inclusive legal construction in the Trademark Law provides broader protection for unregistered trademarks. Owners of unregistered trademarks can obtain protection if consistent use of the trademark in trade can be demonstrated. The inclusive approach in trademark supervision also encompasses unregistered trademarks that have potential rights to protection. Conflicts between protection of unregistered trademarks, consumer rights, and indigenous communities can be resolved through consultation and participation of relevant parties. Specific regulations that acknowledge the traditional knowledge of indigenous communities and the responsibilities of producers can also help resolve these conflicts. Mediation and arbitration mechanisms can also be used as alternative dispute resolution methods.

Non-Infringing Use of a Trade Mark with Reputation

Ferrari v Brumm

“A Name Which to Them is Sacred”: Quakers and Religious Trademarks in American Enterprise

Abstract This article examines disputes surrounding the ownership and appropriation of the name “Quaker” in American enterprise in the late nineteenth and early twentieth century. I focus specifically on efforts by the Society of Friends – colloquially known as the Quakers – to prohibit the use of the name of any religious church, denomination, society, or association in commerce, thereby rendering religious trademarks unregistrable. By exploring disputes around the Quaker name, I argue that the Society of Friends strategically appropriated terminology provided by trademark law (product origin, goodwill, distinctiveness) to claim ownership in the Quaker name while simultaneously arguing that religious names were sacred and thus could not be owned as a form of intellectual property. This historical debate provides insights to crucial questions about the spectral operation of trademark law in the United States. For instance, how are the taxonomies and logics of trademark law ‘possessed’ or spectrally animated by other pre-existing cultural/theological dimensions of ownership? Conversely, how does trademark law then reconstitute pre-existing logics around naming within religious organizations, for instance by providing new frames (the name as defense for consumer confusion or as guarantor of divine source) for understanding American religious practice?

Production Development of Chestnut Tree: A Case study in Vietnam

The Chestnut tree was a perennial tree that brought a well-known trademark and high economic value to producing households in Chi Vien commune, Trung Khanh district, Cao Bang province. However, households had not taken full advantage of all available benefits while the potential for chestnut production and consumption was high. This study aims to analyze the situation of the development of chestnut production in Chi Vien commune and propose solutions to promote the development of chestnut trees in the commune. The primary data was collected by interviewing 60 farm households on three scales of chestnut production in Chi Vien commune and five traders including collectors, wholesalers, and retailers. Results show that in recent years, the area and output of Chestnut trees in the commune increased significantly. Chestnut products are directly consumed in two forms, mainly indirectly (76.2%). The efficiency in chestnut production was very high. The large-scale households got the highest mixed-income, followed by medium-scale households, and the lowest was in small-scale households. However, being mixed with Chinese Chestnuts reduced the quality and reputation of Chestnuts in Chi Vien Commune in particular and Trung Khanh in general. Therefore, the proposed solutions include support policies for farmers growing Chestnut trees, capital solutions, solutions for agricultural extension, application of new science and technology, the building of a chain of links, and the development of product consumption markets. Through the above synchronous solutions, Chi Vien is towards the goal of sustainable development of chestnut production in the commune shortly.

CONSORZIO TUTELA VINI EMILIA v VIÑEDOS EMILIANA SA

Abstract H1 Trade Marks — Opposition proceedings — EMILIANA — Wines — Protected geographical indications — EMILIA — Regulation 1308/2013 (as retained) — Transitional provisions — Effect on opposition proceedings started before Brexit — Whether applications for marks consisting of or containing PGI to be refused where use would not be prohibited — Scope of protection — Evocation — Basis of assessment — Average consumer — Relevance of extent of reputation — Whether registration prohibited under s.3(4) of the Trade Marks Act 1994 — Extended passing off — Establishing goodwill — Nature of the relevant misrepresentation — Whether misrepresentation as to geographical origin enough — Appeal to Appointed Person

High-throughput gait acquisition system for freely moving mice.

Normal and pathological locomotion can be discriminated by analyzing an animal's gait on a linear walkway. This step is labor intensive and introduces experimental bias due to the handling involved while placing and removing the animal between trials. We designed a system consisting of a runway embedded within a larger arena, which can be traversed ad libitum by unsupervised, freely moving mice, triggering the recording of short clips of locomotor activity. Multiple body parts were tracked using DeepLabCut{trade mark, serif} and fed to an analysis pipeline (GaitGrapher) to extract gait metrics. We compared the results from unsupervised against the standard experimenter-supervised approach and found that gait parameters analyzed via the new approach were similar to a previously validated approach (Visual Gait Lab or VGL suite). These data show the utility of incorporating an unsupervised, automated, approach for collecting kinematic data for gait analysis.

Implementation of Trademark Registration in Pekanbaru

Background. The use of Intellectual Property Rights, especially product brand registration for Micro, Small and Medium Enterprises, has not been running optimally in Indonesia, and especially in the city of Pekanbaru, due to the lack of understanding of home industry entrepreneurs about brands and registration procedures, lack of technical guidance and programmatic socialization from the Regional Government. Purpose. This study aims to analyze the low implementation of product trademark registration for Micro, Small and Medium Enterprises and to analyze the role of the local government of Pekanbaru city in the implementation of product trademark registration for Micro, Small and Medium Enterprises in improving trade business. Method. The approach used in this study is a normative juridical approach and an empirical juridical approach to obtain correct and objective research results. Results. Based on the results of the study, it is known that the implementation of product trademark registration for Micro, Small and Medium Enterprises in Pekanbaru city has not been running as expected, as evidenced in 2022, out of 25,074 trademarks circulating in the market, only 8 (eight) have implemented their trademark registration. Conclusion. Furthermore, it is known that the role of local government in the implementation of trademark registration for Micro, Small and Medium Enterprises in Pekanbaru city is not running as expected, because the local government of Pekanbaru city has not given maximum attention to Micro, Small and Medium Enterprises so that they do not develop and make updates in innovating in accordance with science and technology and community needs.

Selected criminal trade mark cases in the annual Top Ten Intellectual Property Cases of the Supreme People’s Court of China

Since 2009, the Supreme People’s Court of China (SPC) has annually reported the Top Ten Intellectual Property Cases (TTIPCs) on and around World Intellectual Property Day in April. The individual cases involve the past year’s countrywide intellectual property cases and form a key component of China’s national case guidance system. Due to their conciseness and regularity of release, as well as their role as explicit guidance provided by the SPC, the TTIPCs encompass a particularly valuable observational window into Chinese law and its applications. In contrast to holistic empirical research involving numerous cases, this study embarks on a new course by investigating the specific intersection of TTIPCs and trade mark criminal offences. A longitudinal sampling method of past TTIPCs has been used to extract all criminal trade mark cases. These cases were subsequently analysed within the prevailing social context during adjudication and the evolution of China’s trade mark criminal legislation. This study aims to reveal the characteristics, functions, and limitations of TTIPC criminal trade mark cases.