Trademark Research Articles

Prinsip Itikad Baik Terhadap Merek MS Glow

Legal protection is an important aspect that needs to be considered in the controversy between MS Glow and PS Glow trademarks. PT Kosmetika Global Indonesia, the MS Glow brand holder that has registered its brand with the Director General of Intellectual Property Rights, requires adequate legal protection. The public sees that the products of the MS Glow brand are better known than the products of the PS Glow brand, and there is a view that PS Glow is trying to hijack the popularity of MS Glow. Through normative juridical legal research, it was found that in the context of the principle of good faith, MS Glow is entitled to legal protection as a brand owner. The brand owner has the exclusive right to the use of its brand and the government is responsible for ensuring this protection. The judge's decision in the dispute between the MS Glow and PS Glow trademarks (Decision Number 2/Pdt.Sus.HKI/Merek/2022/PN.Niaga.Sby) has fulfilled the principle of legal certainty. The judge refers to Law Number 20 Year 2016 on Trademark Registration and Geographical Indications as well as the principle of "first to file". However, the decision has not fully reflected justice and expediency. In the context of trademark registration, the "first to file" principle needs to be evaluated by the government to make it fairer. The lengthy trademark registration process must pay close attention to every detail, the Director General of IPR must be more active in socializing Law Number 20 Year 2016, including the principle of "first to file" to the public so that understanding of the trademark and the registration process becomes better.

Key Issues in the Intellectual Property Court’s Presidium Rulings

The comment reviews key positions in the rulings of the Presidium of the Russian Intellectual Property Court (IPC) issued between July and September of 2023. The Chamber hears cassation appeals against the decisions of the IPC first instance and deals primarily, but not only, with matters of registration and validity of industrial property rights. Therefore, the review predominantly covers substantive requirements for patent and trademark protection, as well as procedural issues both in the administrative adjudicating mechanism at the Patent office (Rospatent) and at the IPC itself. The current review encompasses a variety of topics related to trademark law, patent law and various procedural matters.

ANALYZING THE IMPACT OF EMERGING TECHNOLOGIES ON INTELLECTUAL PROPERTY RIGHTS (IPR): A COMPREHENSIVE STUDY ON THE CHALLENGES AND OPPORTUNITIES IN THE DIGITAL AGE

The rapid integration of emerging technologies into various facets of society has brought about a paradigm shift in the realm of Intellectual Property Rights (IPR). This comprehensive study seeks to unravel the intricate dynamics surrounding the intersection of emerging technologies—such as artificial intelligence, blockchain, and biotechnology—with IPR in the digital age. The overarching objective is to scrutinize the challenges and opportunities that emerge from this synergy, thereby contributing to a nuanced understanding of the evolving landscape of intellectual property. An extensive literature review explores the historical evolution of IPR, providing a foundation for comprehending the traditional principles underpinning this legal domain. Building upon this historical context, the study delves into the impact of contemporary technologies on patent law, copyright, and trademark regulations. Notable advancements in artificial intelligence present challenges related to patentable subject matter and algorithmic inventions, prompting a critical analysis of their implications. Similarly, biotechnological innovations introduce ethical considerations, necessitating an examination of their effect on the patentability of novel inventions. The research concludes by offering recommendations for legal adaptations, ensuring that intellectual property laws remain robust and adaptable in the face of the challenges and opportunities ushered in by the digital age.

Attempt to Register (Non-)Conventional Packaging as a Three-Dimensional Trade Mark

Attempt to Register (Non-)Conventional Packaging as a Three-Dimensional Trade Mark

Other Special Circumstances and the Registration of Trade Marks

Under s 26(b) of the Trade Marks Act 2002 (the 2002 Act), where "other special circumstances" exist and it is considered "proper", a trade mark application may be registered despite its conflicting with an existing trade mark. What amounts to "other special circumstances" is not defined in the 2002 Act, and the exception has not been subject to detailed judicial consideration. This lacuna creates challenges for applicants, their advisers, the Intellectual Property Office and the courts. In this article, by considering the text, context and historical purpose of such an exception, I argue that the provision should be understood as a mechanism to grant registration where this would avoid injustice because of the existence of out-of-the-ordinary circumstances faced by the trade mark applicant or which relate to the position between the trade mark applicant and the owner of a conflicting registration. A wide range of circumstances may be deemed "special" under s 26(b). However, I suggest that evidence of prior use per se and without more does not and should not automatically fall within the exception. Further, adjudicators should continue to approach the exception cautiously and narrowly to ensure it does not undermine other core tenets of New Zealand's trade mark system.

Legal Protection of Trademarks, the Albanian Legal Framework for Their Protection Between Defining Similarities and Differences of the European and American System

The subject of this study is the submission of trademark protection within the national and international legal framework. In this respect, the legal protections enjoyed by a trademark registered under legal norms were laid out first, secondly through comparative analysis the similarities and differences between the European and American system for the legal protection of trademarks. At the end of the work is prohibited under the domestic legal framework of trademarks. Adequate legal protection is that which differentiates a symbol, a letter, a mark from simple rating to legally protected trade mark.
 
 Received: 19 February 2024 / Accepted: 15 March 2024 / Published: 23 March 2024

Can a color be a trademark?

The publication updates the issue of intellectual property of colors and highlights the main changes regarding non-traditional trademarks that have taken place in the world in recent years. The article examines the American, European, and Ukrainian practice of registering colors as non- traditional signs and analyzes the conditions of intellectual property protection in the era of the post-industrial digital society. It is noted that today many companies consider one or more colors to be characteristic features of their brands and seek to protect them from appropriation. And it is not surprising. Marketing methods evolve and keep up with the times. All professional marketers know the influence colors have on people and actively use them [1, p. 4]. They are increasingly playing with clip thinking and the cognitive functions of the human brain. Color is the first thing that the consumer pays attention to. His initial judgments are based on this characteristic. Only then does he see the form and content of the product. Even after a detailed study of the product, the consumer will be actively influenced by the color, because for many, the color of the package is an indicator of quality. In the 21st century, every company tries to create such associations with its brand that are better remembered and emphasize its uniqueness and excellence in the conditions of the information society. The practice of «appropriating» colors is closely related to the struggle of brands for recognition among their target audience and attracting new ones. Obtaining protection for such a specific trademark under trademark law is not easy. De jure, a trademark in the form of a single color or a combination of colors is possible. However, there is still little guidance on the requirements for valid color stamps. That is why there are special difficulties in sufficiently accurate display of such signs.
 The work includes an overview of the main provisions of international legal acts: the Paris Convention on the Protection of Industrial Property Rights, Regulation (EU) No. 2017/1001 of the European Parliament and of the Council of June 14, 2017, on the European Union trademark, the Langham Act (the US Trademark Act ), etc. Several international precedents are also examined: from Owens Corning defending its shade of pink in 1985 to Nestle's battle against Cadbury over a variant of purple. The article notes what criteria must be met by non-traditional trademarks and how Western countries fight the monopolization of colors.

Trademark Law in the Digital Age: Challenges and Solutions for Online Brand Protection

Trademark law faces new challenges in the digital age, particularly concerning the protection of brands online. This article examines the evolving landscape of trademark law in the digital era, focusing on the challenges and solutions for online brand protection. Employing qualitative methods such as literature review with library research, the study explores the impact of digital technologies, e-commerce platforms, and social media on trademark infringement and counterfeiting. It analyzes the legal frameworks and case law surrounding trademark protection in online environments, considering issues such as domain name disputes, keyword advertising, and the sale of counterfeit goods on online marketplaces. Furthermore, the paper investigates the role of intellectual property rights enforcement agencies, internet service providers, and online platforms in combating online trademark infringement. It also examines emerging trends in trademark law, including the use of artificial intelligence and blockchain technology for brand protection. Through a comprehensive review of legal literature and case studies, this article identifies best practices and legal strategies for enhancing online brand protection in the digital age. It emphasizes the importance of international cooperation, public-private partnerships, and legislative reforms to address the challenges posed by online trademark infringement effectively.

Intellectual Property Rights and Economical Development: A Brief Overview

A "strong" IPRs regime, in the sense of providing robust protection of private intellectual property rights, was not a necessary prerequisite for their economic growth, according to the historical experiences of the now-developed nations while they were growing themselves, which we reviewed. Most of them did not provide PIPRs with any real protection until quite late in their development related to life science and especially biotechnology. Even the most developed nations, like the UK and the US, didn't create robust PIPRs regimes until the middle of the 19th century (with the exception of copyright protection in the US's instance), while the less developed nations didn't establish such regimes until much later. The legal framework governing the ownership and protection of intangible works of human intelligence, such as inventions, literary and creative creations, designs, symbols, names, and pictures used in commerce, is known as the Intellectual Property Rights (IPRs) regime. This system consists of international agreements, rules, and laws that provide owners or inventors of intellectual property the exclusive right to profit from their creations or investments in them. For the purposes of this paper, it is more important to note that all of these nations were quite willing to v30isolate the intellectual property rights (IPRs) of other nations, even when they had put in place laws protecting the IPRs. Examples include hiring illegal foreign labor, smuggling machinery, industrial espionage, violating trademark laws, allowing the patenting of imported inventions, and outright refusing to adopt the patent system (in the case of the Netherlands and Switzerland) related to life science and especially biotechnology. Some nations approached this issue in ways that can only be described. The best examples include the routine infringement of British trademarks by German producers in the late 19th century, when the nation was pressuring Switzerland to enact a patent law, and the US pressing other nations for the "improvement" of their patent laws in the lead-up to the adoption of the Paris Convention while flatly refusing to protect foreign copyrights related to life science and especially biotechnology. We talked about the issues with the dominant IPR regime that is now in place, which is centered on the patent system, and the TRIPS agreement that represents its apex. Contrary to popular belief, a "good" IPRs regime need not provide the strongest protection for private IPRs. Next, we looked at whether developing nations would likely gain from a stronger PIPRs system, particularly the one required under the TRIPS. Given that most developing nations do minimal R&D and that much of the new information they produce is not patentable, the "domestic" advantages of a stronger IPRs system—that is, an increase in knowledge production by the citizens—are probably relatively minor related to life science.

Single Colour Marks a Gray Area- An Attempt to Re-tool the Indian Legal Framework

The idea of trademarks is not a recent invention; it dates back over a considerable period of time. However, as times changed, it significantly evolved and got refined. With new developments and innovations have come about over time, different classes of marks have requested protection in the area of trademark law. However, not all of these marks were accepted to the same degree. One such particular class of mark is the single colour mark. The tussle over the registrability of single colour marks is the ongoing discourse which has the potential to generate wide-ranging ramifications for the trademark law. Different jurisdictions have attempted to solidify their legislative framework in response to single colour marks. However, there exist jurisdictions like India which are still searching for the correct path. The present paper makes an attempt to contribute to the existing set of literature by structuring the approach in relation to the issue of registering and validating the single colour marks within Indian legal framework. The paper makes an exploration to the Acts, Rules. Judicial Dictums and suitable foreign learnings in a structured manner for unravelling the conundrum persisting over the validity of single colour marks within the jurisdiction of India.

Punitive damages under the Chinese Civil Code in the context of damages for trade mark infringement: the award that dares to speak its name

Abstract This article discusses the availability of punitive damages in China for trade mark infringement. While the UK has been reluctant to emphasize the ‘punitive’ nature of such damages, China has legitimized punitive damages by codifying them in 2021. The Supreme People’s Court Interpretation on the Application of Punitive Damages in the Trial of Civil Infringement Cases of Intellectual Property Rights (2021) has sought to clarify the requirements that are applicable to punitive damages, in particular with regard to the required ‘intention’ and the ‘serious circumstances’ in which such damages may be awarded. Although punitive damages still appear to be awarded rarely by Chinese courts, their availability and the increasing clarity around the requirements for their award should lead to the progressive strengthening of the trade mark owners’ right in China.

Penggunaan Kata Umum Dalam Pendaftaran Merek Pada Sengketa Merek STRONG Antara Hardwood Private Limited Dengan PT. Unilever Indonesia, Tbk. Berdasarkan Undang-Undang No. 20 Tahun 2016 Tentang Merek Dan Indikasi Geografis

There are provisions regarding trademarks that cannot be registered in Law No. 20 Year 2016, one of which is in Article 20 letter f which states that "Trademarks cannot be registered if they are common names and/or symbols of public property." However, even though there is already a regulation regarding the invalidity of registration of the use of common words in trademarks, there are still many uses of common words as trademarks in Indonesia. This shows that there is still a lack of clarity regarding the parameters of acceptable use of generic words in trademark registration. One of the famous trademark infringement cases using a common word in Indonesia is the case between PT Unilever Indonesia, Tbk. against Hardwood Private Limited with the alleged use of the "STRONG" Trademark with the Supreme Court Decision Number 332 K/Pdt.Sus- IPR/2021. This research aims to discuss the legal action in the settlement of infringement of well-known trademarks that use the word general and the judge's consideration of infringement of well-known trademarks that use the word general based on Indonesian positive law. Based on the research results, the word "STRONG" is an English word that has a strong meaning. Then the word STRONG is a general or generic word that when referring to the explanation in Article 20 of Law No. 20 Year 2016, the word "STRONG" should not be registered as a trademark because it is a common word

Round-up of non-traditional EU trade mark decisions 2023

Abstract In 2023, a total of 148 586 trade marks were registered by the European Union Intellectual Property Office (EUIPO). Only 443 of these were ‘non-traditional trade marks’, by this inter alia meaning sounds, colours, patterns, shapes and holograms. Data suggest that the present trend towards obtaining EU trade mark (EUTM) registration for non-traditional trade marks remains low, with merely 0.29 per cent of all applications received by the EUIPO in 2023 concerning such signs. The limited number of cases decided during this period relates to the distinctiveness of such trade marks. This article provides an analysis of six decisions of the General Court and the EUIPO Boards of Appeal, within the field of non-traditional EUTM’s issued in the course of 2023.

Legal Strategies for Protecting Intellectual Property Rights in Business A Case Study Creative Industry in Indonesia

This research delves into the multifaceted landscape of intellectual property protection within the Indonesian creative industries. Through qualitative analysis, interviews with 10 key informants elucidated the challenges faced by businesses, including rampant piracy, inadequacies in legal frameworks, and enforcement issues. Businesses responded with diverse legal strategies, encompassing copyright protection, trademark registration, industry collaboration, and technological solutions. Case studies provided tangible examples, showcasing the effectiveness and challenges of these strategies. Recommendations for legislative reforms, strengthened enforcement mechanisms, industry collaboration, and technological innovation are proposed. This research contributes valuable insights into the dynamic interplay between legal challenges and strategic responses in safeguarding intellectual property within the vibrant Indonesian creative industries.

Legal Regulations Pertaining to Product Safety and Quality Standards in MSMEs Business in Indonesia

This research delves into the multifaceted landscape of intellectual property protection within the Indonesian creative industries. Through qualitative analysis, interviews with 10 key informants elucidated the challenges faced by businesses, including rampant piracy, inadequacies in legal frameworks, and enforcement issues. Businesses responded with diverse legal strategies, encompassing copyright protection, trademark registration, industry collaboration, and technological solutions. Case studies provided tangible examples, showcasing the effectiveness and challenges of these strategies. Recommendations for legislative reforms, strengthened enforcement mechanisms, industry collaboration, and technological innovation are proposed. This research contributes valuable insights into the dynamic interplay between legal challenges and strategic responses in safeguarding intellectual property within the vibrant Indonesian creative industries.

Study on the Regulatory Management System for Idle Registered Trademarks

There are a large number of unused trademarks in the huge volume of registered trademarks in China, which wastes trademark resources, administrative trademark examination resources and judicial resources, disturbs the normal trademark order and market order. At present, China's law on the disposal of unused registered trademarks can only be based on the "If the trademark owner does not use the registered trademark for three years, the third party has the right to apply for its cancellation" system to make the unused trademark rights to the elimination of the new round of reform of the trademark law, although the new provisions to explain the use of trademarks, but a single provision cannot give full play to the effect of the supervision of unused registered trademarks. The regulation and supervision of unused trademarks should be based on the establishment of a standardized management system for unused trademarks at the macro level, which includes prevention, identification and relief, and at the micro level, unused trademarks with different causes should be classified into different categories and phases to be discussed and dealt with.

Round-up of European Union trade marks in 2023

Abstract The purpose of this article is to provide a quick overview of the most significant European Union trade mark (EUTM) cases decided in 2023 by the Court of Justice of the European Union (CJEU) and the General Court (GC). This article has a practical bias and is aimed at readers who rapidly wish to find the key decisions of 2023.

TRADEMARK - PROTECTIVE ELEMENT OF INTELLECTUAL PROPERTY RIGHTS

At EU level, the legal framework for trademarks coexists with national systems harmonized through the Trademarks Directive [Directive (EU) 2015/2436 of 16 December 2015]. In addition to the national way, other possible ways for trademark protection in the EU are the Benelux way, the EU trademark, introduced in 1994, and the international way. Regulation (EU) 2017/1001 of 14 June 2017 on the European Union trade mark codifies and replaces all previous EC regulations on the EU trademark. The codification was done for reasons of clarity, given that the EU trade mark system had already been substantially amended several times. The EU trademark has a unitary character and equal effect throughout the EU. The European Union Intellectual Property Office (EUIPO) is responsible for managing the EU trademark and EU designs.

Round-up of China trade marks in 2023

Abstract 2023 was a challenging year globally, but China has continued to be attractive to foreign investors, due to its committment to the removal of restrictions on foreign investment and an emphasis on strengthening intellectual property laws so that they are favourable to right holders rather than infringers. The 2023 round-up focuses on the Draft 5th Amendment to the Trademark Law of China, which was published in January 2023. This article analyses the highlights of the Draft Amendment, which includes strengthened provisions relating to bad faith filings and an increased emphasis on the requirement that registered trademarks are actually used. The Draft, if implemented in full, will ensure that repeated filings of trademark applications will no longer be permitted, as well as providing greater protection for well-known marks and changes to procedural rules. The round-up will conclude that the Draft 5th Amendment will enhance the exisiting Trademark Law and further encourage brands to ionvest their business in China.

TRADEMARK REGISTRATION: FOR THE STRENGTHENING OF SMALL AND MEDIUM INDUSTRIES IN NORTH ACEH REGENCY

Purpose: The purpose of this research is to examine the constraints of trademark registration in North Aceh Regency and how the influence of the brand on consumer interest. Theoretical reference framework: Trademark is an identifier for a product, goods, or services that has specific value or characteristics protected by law and may not be imitated by others. Legal protection for a product's trademark is granted after the trademark registration process, as emphasized in Article 3 of Law Number 20 of 2016 concerning Trademarks and Geographical Indications, stating that the rights to a trademark are obtained after it is registered. Method: This research is an empirical legal study using primary and secondary data sources. Primary data is obtained through interview techniques, while secondary data is gathered through literature review. The data is then analyzed to draw conclusions. Result and Conclusion: The research findings indicate that the registration of trademarks for small and medium-sized industries in North Aceh Regency is still low. Consequently, small and medium-sized industries in North Aceh Regency lack legal protection and are vulnerable to product counterfeiting, leading to a lack of promotional opportunities. Research implication: This research has an impact on trademark registration services and the understanding of small and medium-sized industry players in trademark registration in North Aceh Regency. Originalitas/value: This research is a new endeavor in analyzing trademark registration models that can be utilized to strengthen small and medium-sized industries in North Aceh Regency. There has been no prior research related to trademark registration in North Aceh Regency.