Trademark Research Articles

The Sustainability of EU Trade mark law

The Sustainability of EU Trade mark law

Bad Faith in the Cancellation of the Trademark Decision No. 2/Pdt.Sus-HKI/2021/PN. Niaga Sby

In granting a decision to cancel the trademark, the judges interpreted the existence of bad faith with different reasons in their considerations. One of the cases of trademark cancellation due to bad intentions is Case Number 2/Pdt.Sus-HKI/2021/PN. The purpose of this study is to find out the relationship between the cancellation of registered trademarks at the Directorate General of Intellectual Property of the Republic of Indonesia related to bad faith and to find out how to analyze the reasons for the judge’s consideration in decision Number 2/Pdt.Sus-HKI/2021/PN. Sby’s business is related to bad faith. This research is a normative legal research, with a legal approach and a case approach. From this study, it was obtained that the relationship between the cancellation of a registered trademark and bad faith was seen from the beginning of the registration application process, so that the Panel of Judges in deciding on a trademark cancellation decision, first looked at whether the element of bad faith had indeed existed from the beginning of the registration application, and regarding the juridical analysis of the decision of case 2/Pdt.Sus-HKI/2021/PN. Niaga Sby, Coffe Beer and Sari Temulawak Ngoro brandsThe Defendant was registered in bad faith from the beginning of the trademark registration without involving all heirs so that the Defendant hereby had bad intentions or bad faith because from the beginning of the registration, it was proven that there was bad faith by the Defendant. So juridically it has violated article 21 paragraph (3).

Comparative Review on the “Related Goods” under CPTPP and the “Similar Goods” under Trademark Law

Comparative Review on the “Related Goods” under CPTPP and the “Similar Goods” under Trademark Law

The Audi Spare‐Parts Case (CJEU): A closer look at critical opinions

AbstractThe present article is confined to the legal examination of the ‘critical opinions’ and the ‘misconceptions’ rendered or drawn with regard to a recent judgement of ‘Court of Justice of the European Union (CJEU)’ in a case, commonly known as ‘Audi Spare Parts Case’ (C‐334/22), whereby the CJEU has disallowed the use of a registered mark/sign (or a shape which is identical or similar to a registered mark/sign) on the spare parts of the car (or any complex product or machine for that matter) which interferes with the ‘essential functions’ of a mark/sign. The article summarily notes the involved facts and the legal context of the aforesaid case and then proceeds to analyse the congruity and the legal validity of the noted ‘critical opinions’, with the support of established legal principles, precedents, and statutory frameworks. The article also addresses and clarifies some misconceptions drawn with regard to the relevant legal concepts (of the Trade Marks Law), and concludes, in the wake of the findings of the legal analysis, that the Hon'ble Court has rightly upheld the intent and purport of ‘The Trade Marks Regulation’. At the end, the implications of the aforesaid judgement are also mentioned within a broader perspective, explaining their significance beyond the immediate context.

Trademark Right Protection in Electronic Commerce: Challenges and Countermeasures

As a vital element of core intellectual property for businesses, trademarks play a crucial role in upholding brand image, safeguarding consumer rights, and fostering fair market competition. This paper aims to delve into the challenges encountered in trademark rights protection within e-commerce based on relevant content from trademark law. It further proposes corresponding legal strategies to address these challenges with the goal of promoting sustained and healthy growth within the e-commerce industry. This study uncovers complexities and covert nature associated with trademark infringement activities in e-commerce, as well as widespread cross-border trade infringements and high costs related to evidence collection and rights protection. Corresponding measures to address these issues are then proposed. The research findings underscore the significance of refining laws and regulations, bolstering international cooperation and judicial assistance efforts, intensifying enforcement measures and penalties, as well as establishing robust mechanisms for protecting rights. This paper holds substantial importance in advancing a healthy environment for e-commerce industry development, maintaining equitable competitive market conditions, safeguarding legitimate rights of trademark holders and consumers, and propelling forward intellectual property protection system construction within the realm of e-commerce.

Penyuluhan Legalitas dan Perlindungan Hukum dalam Bisnis Digital

The digital economy encompasses online business transactions, electronic commerce, digital services, and the digital creative industry, offering opportunities for growth, innovation, and efficiency while also challenging privacy, data security, and the digital divide. Alumni have significant potential in the digital business world, with access to education, experience, and extensive networks. Some findings suggest that electronic money positively impacts economic growth, but legal protection challenges remain, such as consumer data breaches and the need for regulation. The PKM team provides outreach to alumni and active students on legal developments in digital business. Lectures and training methods are used to impart understanding of legality and legal protection in digital business. This outreach successfully enhances participants' understanding of legal aspects, such as business identification numbers (NIB), business permits, tax obligations, trademark registration, copyright, product regulations, and intellectual property protection to avoid legal risks and enhance their business reputation.

Using Competitor’s Trade Mark as Unfair Competition in Keyword Advertising

Using Competitor’s Trade Mark as Unfair Competition in Keyword Advertising

An Overview of Afghanistan's Geographical Indications Protection System

Geographical indications are labels used to identify goods or products that originate from a specific place, possess distinctive qualities and have a reputation associated with those characteristics. Afghanistan possesses valuable products such as agricultural, industrial, and handicraft resources that require protection due to its distinctive geography. Therefore, Afghanistan needs to standardize its established legal framework that regulates the recognition and protection of products as geographical indications both domestically and internationally. Since 2015, Afghanistan has implemented a specialized model for geographical indications. A suitable system for the protection of geographical indications in Afghanistan can be beneficial for promoting exchanges and cooperation between Afghanistan and international markets. it can help Afghanistan’s economic growth, avoid misuse of the products, and conversely develop the quality of the products. This study adopts a comprehensive approach to evaluate Afghanistan's current geographical indication protection system. A thorough review of existing laws and related articles, as well as an examination of Afghanistan's legal documents on geographical indications, including the Geographical Indications Law and Regulation, Trademark Registration Law, etc. This involves analyzing the definition of geographical indication, application for registration, review procedures, objections, and cancellation criteria outlined in these documents.

The Legal Review of the Trademark Dispute Between GoTo and GOTO in Decision Number 71/PDT.SUS-HKI/MEREK/2021/PN NIAGA JKT.PST with the Principle of Good Faith in Trademark Registration

This study aims to examine the Legal Review of the Case Dispute filed by PT. Terbit Financial Technology against two large companies, namely PT. Tokopedia and PT. Aplikasi Karya Anak Bangsa or known as Gojek. Case with case number 71/Pdt.Sus- HKI/Merek/2021/PN.Niaga.Jkt.Pst. The research method used is Qualitative with a normative legal approach, literature and literature studies and a case law approach. The discussion that will be analyzed in this study is related to the regulations regarding the rejection of trademark registration in the Trademark and Geographical Indications Law Number 20 of 2016 which regulates the procedures, criteria, and reasons for rejection of trademark registration, including the considerations used by the Directorate General of Intellectual Property in rejecting a trademark. The researcher provides an explanation of the legal consequences arising from the rejection of the trademark, both for the rejected applicant and third parties who have an interest in the trademark. The legal consequences can be in the form of implications for the applicant in the form of legal efforts that can be taken, such as filing objections or lawsuits, as well as impacts on the rights to other brands related to the dispute. The results of this study indicate that the application of the principle of good faith means ensuring that the use of a name or term is carried out with full awareness of the context, respecting the intellectual property rights of others, and communicating openly with all relevant stakeholders. Thus, the company or parties involved can minimize the potential for conflict and build a strong reputation based on integrity and honesty.

Товарный знак фестиваля как региональный туристский бренд

The article discusses the necessity and prospects of registering trademarks of festivals in order to increase the tourist attractiveness of Russian regions. The concept and types of festivals, their fundamental features are considered. It is determined that the Russian regions have a significant potential for holding numerous and diverse festivals that attract tourist flows. It is established that festivals as regional tourist brands provide the subject of the Russian Federation with a protected business card – a trademark that allows to monetize this intangible asset. The author identifies the advantages of registering a trademark of festivals for the purpose of branding the region. It is determined that the registration of trademarks of festivals can become a driving force for the development of tourism in Russian regions.

Application of the Principle of Good Faith in the Implementation of Trademark Registration in Indonesia Based on the Supreme Court Decision Number 1051 K / PDT. SUS-HKI / 2023

Brands contain a manufacturer's promise to consistently provide certain characteristics, benefits, and services to consumers. Economically, brands have a price that motivates producers in various ways so that the brand can compete and become popular among the public. The existence of legal rules on the protection of well-known trademarks can be applied to avoid losses to holders of trademark rights and for consumer protection against the purchase of counterfeit branded goods. The case contained in the Supreme Court Decision Number 1051 K/Pdt.Sus-HKI/2023 between Jolla and Jolla. Sus-HKI/2023 between Jollibee Food Corporation against Karsino in the "JOLLIBEE" trademark dispute is one example of bad faith in trademark registration in Indonesia. This research uses normative juridical method by using Statute Approach. The form of legal protection is in the form of cancellation of the Defendant's "JOLLIBEE" trademark from the General Register of Trademarks of the Directorate General of Intellectual Property Rights. The cancellation of the Defendant's "JOLLIBEE" trademark because there are similarities in essence with the Plaintiff's "JOLLIBEE" trademark.

Public Order as a Ground for Revoking Trademark Registration

Public Order as a Ground for Revoking Trademark Registration

Invalidation of Trademark Registration Obtained in Bad Faith

Invalidation of Trademark Registration Obtained in Bad Faith

Olfactory trademarks: peculiarities of obtaining legal protection

The article is focuses on the research of issues concerning the acquisition of legal protection by olfactory trademarks. As a result of unceasing technological development, means of individualization in the marketing of services or products are acquiring new patterns of expression, in particular in the form of olfactory trademarks. Nowadays, the legislation of only a few countries provides for the possibility of obtaining legal protection for trademarks with this form of expression. It is obvious that with the further development of technology, the registration of olfactory trademarks is bound to become more widespread. This is due to the likelihood that technology will in the future be able to adequately transmit scents at a distance, based on its success over the past centuries in transmitting sound and images. However, since the transmission of scents at a distance by technological means is not currently provided for, the legislator faces a significant dilemma with respect to the legal protection of olfactory trademarks. Since, as a general rule, in order to obtain legal protection, a trademark must be represented in the register, the question arise how to represent olfactory trademark in the register in such a way in the same unambiguous and certain manner as other trademarks. The presence of this aspect which is caused by the specifics of olfactory trademarks naturally raises the question of the legal protection of such trademarks. Thus, the issue of legal protection of olfactory trademarks has thus been reflected the scientific legal doctrine. However, the absence of an unequivocal approach to the legal protection of olfactory trademarks requires further research on this issue. In this study the author examines the specifics of olfactory trademarks, the peculiarities of obtaining legal protection, and the legal approaches to ensuring legal protection of olfactory trademarks. In the course of the study, the author established the criteria for obtaining legal protection for olfactory trademarks and considered the prospects for granting legal protection to such trademarks in Ukraine.

The applicability of the graphical representation requirement on the registration of non-traditional trademarks: Comparative Analysis of a possible update in the Andean Community Regulation in the light of the European and Chinese experiences

The applicability of the graphical representation requirement on the registration of non-traditional trademarks: Comparative Analysis of a possible update in the Andean Community Regulation in the light of the European and Chinese experiences

Analysis of Broader Functions of Trade Mark Law

In todays society, trademarks not only serve as indicators of the source of goods and services but also play various other roles, such as sales and advertising functions. Therefore, the function of trademark law to merely prevent consumer confusion is insufficient and poses risks to the development of trademarks in the market. The theories of association and dilution have emerged to address this issue, but there are still many doubts and misunderstandings surrounding them. This article first explores the other functions of trade mark law, specifically the emergence and content of the avoidance of association and dilution functions. The second part explains the necessity of the diverse functions of trademark law, emphasizing that the avoidance of association and dilution functions are crucial for protecting goodwill, safeguarding trademark uniqueness and value, and protecting the interests of merchants. The third part analyzes different regulations regarding the protection subject and dilution standards to determine the applicability of the diverse functions of trademark law across various countries. This analysis of the diverse functions of trademark law holds significant implications for the effectiveness of trademarks and the progress of trade mark law in legislation and judicial practices.

Correction to: Use of Trade Mark in the Title of a Book

Correction to: Use of Trade Mark in the Title of a Book

Promoting Regional Cooperation and International Harmonization of Trademark Law with Frontier Technological Innovation

In the era of globalization, international harmonization of trademark law is essential. At the same time, the emergence of cutting-edge technologies such as AI and blockchain has completely provided a new solution to trademark protection and management, while also challenging the existing legal framework. These technologies require cross-border cooperation to effectively harmonize trademark law. This article examines the role of innovative technologies in enhancing international harmonization of trademark law, with a focus on improving trademark protection and administration. This paper combines legal analysis, technology assessments and case studies to explore the impact of these technologies on international harmonisation. The study aims to answer the following key questions: How do current challenges in international trademark harmonization affect global cooperation? What is the potential of technology to solve these problems? The expected conclusion is that innovative technologies can significantly simplify international harmonization of trademark law, facilitate cross-border cooperation and strengthen legal frameworks. This paper may help to advance global IP protection and provide new insights into international trademark law harmonization, contributing to a more cohesive and efficient global IP landscape.

MSME Development to Increase IPR Valuation

This study discusses the protection of Intellectual Property Rights (IPR) in Indonesia, particularly in the context of Micro, Small, and Medium Enterprises (MSMEs). Indonesia has regulations that protect IPR through Law No. 21 of 1961 on Industrial and Trade Marks, and Law No. 20 of 2008 on MSMEs, which support business development. IPR protection is essential for MSMEs to enhance competitiveness and obtain legal recognition for their works. However, public awareness and understanding of the importance of IPR remain low, and there are various obstacles in the registration and management process of IPR. This research employs a normative juridical method by reviewing literature related to relevant theories, concepts, principles, and legal regulations. The results show that brand development and industrial design in MSMEs can provide significant added value, as well as the importance of patent protection to encourage innovation. It is hoped that the government can facilitate the registration process and socialization of IPR, and establish a specialized institution for IPR valuation to enhance the economic contribution of MSMEs in Indonesia.

Liability for the Offence of Counterfeiting Famous Trade Marks

Liability for the Offence of Counterfeiting Famous Trade Marks