Trademark Research Articles

PROTECTION OF NON-VISIBLE MARKS UNDER THE TRADE MARKS ACT, 1999: ISSUES AND CHALLENGES

Traditionally, trademarks have been significant for establishing the brand identity in the ever expanding field of intellectual property. These marks have been mostly visual, like logos, symbols, or phrases that differentiate one entity’s products from those of other. However, with an increase in number of consumers and growth of market, a new category of trademarks, known as non-traditional trademarks, has evolved over a period of time. Recent trends, however, indicate that manufacturers are in the need of registration of the non-traditional marks. Non-conventional trade marks, emerging as one of the noticeable strategies of the twentieth century, can further be classified into visible and non-visible marks. This article delves into the fascinating realm of non-visible trademarks in India, examining the legal issues and challenges relating to the registration of such marks. The issues such as visual perception, graphical representations, distinctiveness, and functionality have been discussed in this article.

Pendampingan dan Fasilitasi Pendaftaran Merek UMKM Bantarsari Berbasis Kolaborasi Peran Pemerintah Desa dan Kampus

The partners in this program include the Head of Bantarsari Village and his staff, representatives of associations, and Bantarsari Small and medium enterprises (SMEs). The partners face several issues: the absence of producer organizations, underutilization of information technology, unregistered product trademarks, limited online marketing reach, and low marketing management competence. The program aims to provide education and training on trademark legality and to assist and facilitate the creation and registration of trademarks. Activities are conducted using persuasive and participatory methods through lectures, discussions, training, mentoring, and trademark registration facilitation. Based on data analysis before and after the program implementation, it was concluded that the mentoring and facilitation of trademark registration for Bantarsari SMEs were effectively addressed through continuous outreach and mentoring. The average increase in the effectiveness of mentoring and facilitation activities for Bantarsari SMEs trademark registration based on the collaboration between the village government and the campus reached 31.4%.

A Legal Consequences of the Passing Off Practice of the MS GLOW Brand by the PSTORE GLOW Brand

Intellectual Property Rights are essentially rights with special and special characteristics because these rights are granted by the State. A brand as an Intellectual Property Right is basically a sign to identify the origin of goods and services from a company with the goods and/or services of another company. One of the cases regarding Passing Off occurred in the Commercial Court Decision at the Medan District Court Number 2/Pdt.Sus-HKI/Merek/2022/PN Niaga Mdn. It started when Shandy Purnamasari filed a trademark cancellation lawsuit against PT PSTORE Glow Bersinar Indonesia. This lawsuit is based on the similarity of the brands "PSTORE GLOW" and "PSTORE GLOW FOR MEN" owned by Putra Siregar with the brands "MS GLOW/for pretty skincare & LOGO" and "MS GLOW FOR MEN" owned by Sandy Purnamasari. Shandy considers that PSTORE Glow Bersinar Indonesia has imitated his brand. The main problem in this research is what the legal consequences are for the practice of passing off the MS GLOW brand by the PSTORE GLOW brand. The research method used in this research is normative juridical with a case approach and a statutory approach. The research results show that as a legal consequence of the practice of passing off, the PSTORE Glow Brand and its derivatives can no longer be used, and the registration is considered invalid. Apart from the deletion of the PSTORE Glow brand, MS Glow can also file a criminal complaint in accordance with the provisions as intended in article 100 paragraph (1) and paragraph (2) of the Trademark and Geographical Indications Law and if PSTORE Glow is still selling its products after the decision to cancel the brand.

담배 제품의 간접광고 금지와 WTO 규정과의 일치성 검토

Purpose: This paper examines whether the ban on indirect tobacco advertising is a potential legal issue under the relevant WTO agreements and explores interpretative solutions. Research design, data, and methodology: In a strict sense, prohibiting brand extension and partnership can be judged as a violation of Articles 15.1 and 15.4 of the Intellectual Property Rights Agreement on Trademark Registration Obligations (hereinafter referred to as the TRIPS Agreement). On the other hand, with Article 20 of the TRIPS Agreement and Article III:4 of the GATT, this study reviewed many aspects of consistency with the provisions of the GATS and TBT agreements. Results: Particular attention should be paid to legal issues related to regional trade agreements (Mega-FTA and investment treaties) or the constitutions of individual countries (freedom of expression), including Korea, and additional legal foundations must be established. Conclusions: This paper finds that governments face fewer legal challenges based on WTO-related trade rules than legal challenges based on regional trade agreements or domestic constitutions. A review of the relevant international trade rules of the WTO does not appear to pose the greatest obstacle to member countries adopting a ban on product placement for tobacco products.

Humour and Intellectual Property Law

This article discusses the issue of humour in the context of intellectual property law,with a focus on parody in trademark law. Parody is a form of humorous expressionthat is generally protected by freedom of expression. Although copyright law hasa statutory exception for caricature, parody, and pastiche, no such exception existsin trademark law. Therefore, parody must be treated differently in this area of law.The article first introduces the legal position of parody and discusses the assessmentof parody in both copyright and trademark law in the EU and Czech law. Then itexamines the peculiarities of the trademark law approach and with the help of Germanlandmark cases, highlights the possibilities for the treatment of trademark parody inthe Czech Republic. The outcomes may apply to closely related laws throughoutthe EU territory.

Analysis of Judge’s Decision on Registration of Trademark with The Same Naming (Study of Supreme Court Decision Number 640 K/Pdt.Sus-HKI/2020)

This article aims to evaluate the judge's ruling about the namesake trademark. Two parties that registered the SAMGONG trademark through DJKI are at the focal point of the issue. This article's articulation of the problem serves as an argument for the Panel of Judges' discussion of the legal implications and considerations surrounding the decision rendered by the Supreme Court in Number 640 K/Pdt.Sus-HKI/2020. This article concludes that a trademark is an asset that is legally protected and has economic worth from a commercial standpoint. Indonesia uses a first-to-file system, meaning that as soon as a trademark is registered in its home country, its owners acquire the rights to it. The Panel of Judges noted in their ruling that the Plaintiff originally registered its trademark in its own nation in 2008. That the Defendant's trademark registration is suspected of being done in bad faith because the Plaintiff's trademark has been sold and promoted internationally, making it a well-known trademark. Additionally, the DJKI was ordered to remove the Defendant's trademark from the General Register of Trademarks due to similarities in the naming of the trademarks owned by both parties. As a guardian of intellectual property, DJKI needs to be more cautious when examining trademarks registrations to check for essential similarities, particularly in trademark names.

Registration of Personal Names as Trade Marks

Registration of Personal Names as Trade Marks

Sosialisasi Legalitas Badan Usaha dan Pendaftaran Merek Dagang Dalam Upaya Meningkatkan Penjualan Produk UMKM di Wilayah Banyumas

This article evaluates the effectiveness of the socialization of business entity legality and trademark registration to increase sales of MSME products in the Banyumas region. The main problems MSMEs face in Banyumas are the low level of business legality and the need for awareness of the importance of trademark registration, which impacts low consumer confidence and limited market access. The research method used was qualitative, with data collection techniques through observation and documentary studies. The results showed that the socialization of MSME actors in business legality and trademark registration increased the knowledge and awareness of MSME actors about the importance of business legality and trademarks. The dynamics of the mentoring process showed the strengthening of MSME networks and collaboration and the emergence of local leaders who play an active role in the community.

Perlindungan Pengetahuan Tradisional dan Ekspresi Budaya Berdasarkan Undang-Undang Pemajuan Kebudayaan

The purpose of this study is to analyze by discussing the protection of cultural knowledge seen from Law No. 5 of 2017, which at the time of the case in decision 823/K/Pid.Sus/2009 occurred where Law No. 5 of 2017 had not been passed. Indonesian society is a communal society, where there is a lack of awareness in protecting traditional culture. The emergence of various problems related to the Protection of Intellectual Property in Traditional Knowledge and Cultural Expression has made the public begin to realize the importance of Intellectual Property Law itself. In this study, the researcher uses a normative juridical law research method, namely reviewing and studying literature, legislation related to Traditional Knowledge and Cultural Expression by conducting a Law and Literature approach by analyzing secondary data through literature such as books, journals, articles and laws and regulations related to Traditional Knowledge. As a result, Decision No. 823/K/Pid.Sus/2009 showed that judges lacked understanding of traditional knowledge, which at that time had not been specifically regulated and only through the Patent Law, Trademark Law, and Copyright Law. Public awareness of Intellectual Property Rights is also low, leading to legal uncertainty. Law No. 5 of 2017 provides protection for traditional cultural knowledge and expressions, such as arts and customs, with the state obliged to carry out inventory, maintenance, and preservation. This law also emphasizes the importance of public legal awareness in its enforcement.

Optimisation of Trademark Registration Policy for MSMEs in Indonesia

The growing economy is accompanied by increased business competition among business actors, including Micro, Small, and Medium Enterprises (MSMEs). Trademark infringement is a risk inherent in such business competition. Therefore, it is crucial to mitigate disputes and trademark infringement by other business actors through trademark registration. However, the number of MSMEs registering trademarks remains very low, accounting for only 0.06% of the total. The results of this study highlight the urgency of a legal approach to MSME trademark registration. This urgency is underscored by the history of trademark regulation in Indonesia and international influences, the need for MSMEs to register trademarks to obtain protection, encourage innovation and creativity, and enhance their value and financing. Despite these benefits, the number of MSMEs that register their trademarks remains low due to a lack of awareness about the benefits of trademark registration and unfamil Therefore, it is necessary to improve trademark registration policies. This can be achieved by the Regency/City Government allocating a proportional and planned budget for socialization and assistance activities for MSMEs registering trademarks in their area. Additionally, the Government can encourage the private sector and financial institutions to contribute to the financing of MSME trademark registrations. Such measures are expected to increase the rate of trademark registration among MSMEs with government policies aimed at promoting such registration.

SIMPLIFICATION OF TRADEMARK DISPUTE RESOLUTION BETWEEN STATE ADMINISTRATIVE COURTS AND COMMERCIAL COURTS IN ACHIEVING JUSTICE

<table border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="388"><p class="TableParagraph"><em>Trademarks are valuable assets for businesses that are legally protected, yet trademark disputes involving various parties often occur. The settlement of trademark disputes in Indonesia involves two different judicial institutions, namely the State Administrative Court (PTUN) and the Commercial Court, which have the potential to cause disparities in decisions, necessitating simplification efforts to achieve legal certainty and justice. The purpose of this study is to identify the problems that arise in the settlement of trademark disputes between the PTUN and the Commercial Court that hinder the realization of legal certainty and justice, as well as to formulate simplification efforts that can be carried out to achieve legal certainty and justice in the settlement of these trademark disputes. This research uses a normative legal research method with a statutory and conceptual approach, as well as using primary, secondary, and tertiary legal materials collected through literature and document studies. The data analysis technique used is a qualitative analysis of the legal materials obtained systematically and logically to answer the problem formulation and produce recommendations for simplifying dispute resolution. The research results explain that the main problem in the settlement of trademark disputes between the PTUN and the Commercial Court that hinders the realization of legal certainty and justice is the potential for different or contradictory decisions from the two judicial institutions in the same trademark case. This is due to the unclear division of authority, as well as the absence of clear rules regarding the authority of each judicial institution in handling trademark disputes. To achieve legal certainty and justice, efforts that can be made include revising the Trademark Law to clarify the authority of the judicial institutions, regulating alternative dispute resolution mechanisms, increasing coordination and synergy between relevant institutions, increasing the capacity of judges, and establishing an independent and integrated special trademark court.</em><em></em></p></td></tr></tbody></table>

Extending Trade Mark Protection Under EU Law: External Transit, Preparatory Acts and Reproduction of Trade Marks in Reference Works

Extending Trade Mark Protection Under EU Law: External Transit, Preparatory Acts and Reproduction of Trade Marks in Reference Works

Legal Ramifications of Employing AI-Generated Logos as Brand Identities: A Juridical Examination

The utilization of Artificial Intelligence (AI) technology is experiencing rapid expansion in contemporary times. Within the domain of trademark law, a logo serves as a visual identity utilized to distinguish a product or service from its competitors. The utilization of a logo as a brand identity is afforded specific legal protections pursuant to Indonesian Law No. 20/2016 concerning Trademarks. A pivotal consideration pertains to discerning the rightful owner of the rights to the logo created by AI. Is it the proprietor of the AI software employed in crafting the logo, or is it the proprietor of the company or individual who commissioned the logo? The method employed in this research is a normative juridical approach, which scrutinizes the application of legal principles or norms. The approaches employed in this research encompass conceptual and statutory analyses. The objective of this research pertains to understanding the Legal Implications of Utilizing Artificial Intelligence-Generated Logos as Brand Identities, and serving as a reference material for subsequent legal inquiries, particularly those related to the advancement of artificial intelligence. The majority of regulations concerning copyright and ownership of artistic works still hinge upon Copyright Law No. 28/2014. Despite its enactment, the Copyright Law remains bereft of provisions safeguarding works generated by Artificial Intelligence. In the realm of AI or artificial intelligence, there are instances where AI applications inadvertently generate trademark logos bearing visual resemblance to other trademark logos. Such resemblances have the potential to bewilder consumers and undermine the authenticity of a brand.

Sustainability marketing when introducing a new product to the market

Methods. The study of the problems of marketing development was based on the conceptual foundations of the theory of sustainability marketing. As methodological approaches, SNW-analysis was used – for the purpose of researching the factors of the marketing environment, BCG matrix – for the analysis of product potential. Specific tools of scientific research were used: statistical methods – to demonstrate the dynamics of financial and economic indicators of the enterprise's activity; comparison – when comparing the prices of commodity products. Results. There are analyzed the marketing activities of a large company, a leader in the mineral water market, a part of a large corporation IDS Group Ukraine, a well-known trademark «Morshynska». The analysis of the internal environment of the enterprise, in particular, the SNWanalysis for TM «Morshynska» is carried out. It is determined that the growth of awareness of ecology and sustainable development can stimulate demand for environmentally friendly products, including mineral water. It is determined that sustainability marketing is the formation of heterogeneous demand on the basis of sustainability and care for the environment, long-term prospects for the development of society. The focus of the enterprise's marketing strategy on eco-standards of products, as well as the expansion of the manufacturer's range, is very reasonable. Novelty. Based on the results of the analysis, it is determined that the enterprise PJSC MZMV «OSCAR» should use a diversification strategy to open a new direction of its products – «green marketing». Practical value. The conducted analysis allows to improve the management of marketing activities of manufacturing enterprises in the plane of sustainable development.

Licensing luxury fashion in transatlantic and colonial economies: beyond Paris and New York

During the postwar era, luxury fashion firms entered a new phase of their international growth with the licensing of their brands. The French haute couture firm Dior was pioneer in licenses, and established branches in a series of countries around the world. Inspired by the transatlantic successes of firms such as Jean Dessès, Christian Dior, and Norman Hartnell, French luxury firms registered their brands internationally and replicated the registration of trademarks in numerous countries. This paper further examines the reach of luxury fashion and beauty brands in the colonies of France and of Belgium. This shows that the fashion firms expanded their transatlantic expertise, and that this created newer transatlantic circuits in return.

LEGAL PROTECTION AGAINST HOLDERS OF REGISTERED BRAND "PUMA AND CAT JUMPING" FOR SIMILARITY TO FAMOUS BRANDS

This research focuses on two important aspects: The research will delve deeply into laws related to well-known brands in Indonesia and the research will analyze specific cases that have been decided by the courts, such as case Number 16/Pdt.Sus-HKI/Brand/2023/PN Niaga Jkt.Pst.Well-known brands are usually highly valued because they spend money on advertising and promotion, and become more popular around the world. In addition, it obtains legal protection through trademark registration in different countries, which gives them exclusive rights to their trademarks and allows others to use them illegally. The Trademark Law in Indonesia provides special protection for well-known brands. However, trademark infringement still occurs in Indonesia. Normative juridical research, with legislation and case approaches on legal protection of well-known brands in Indonesia. Result: The Trademark Law provides a clear framework for the legal protection of well-known trademarks in Indonesia, both preventively and restrictively, in particular Article 21, Article 83 and Explanation of Article 76 paragraph (2). In decision Number 16/Pdt.Sus-HKI/Brand/2023/PN Niaga Jkt.Pst, the Commercial Court considered evidence showing that the Defendant deliberately took advantage of the reputation of the "PUMA and Jumping Cat" brand without permission or license. The Commercial Court decided to cancel the registration of the Defendant's trademark "PUMA and Jumping Cats" because the action infringed the Plaintiff's trademark rights. This decision was made to protect the Claimant from its legitimate trademark rights.

Implementation of Trademark Registration to Encourage the Development of Micro, Small and Medium Enterprises in Wonogiri Regency

This study aims to analyze the implementation of trademark registration and the inhibiting factors faced by Micro, Small, and Medium Enterprises (MSMEs) in Wonogiri Regency, as well as to present solutions to overcome these challenges. This legal research is an empirical legal study that is descriptive. The research approach used is a socio-legal approach. The types and sources of legal materials used consist of primary and secondary legal materials. The legal materials are collected through document analysis and interviews. The analysis of legal materials is qualitative with a descriptive analytical method. Based on the research findings, it can be observed that trademark registration for MSMEs in Wonogiri Regency has not been well-implemented. Despite some awareness among MSMEs in this area regarding the importance of trademark registration, there are still obstacles in trademark registration and understanding intellectual property. Factors such as lack of knowledge about trademark registration, low legal awareness, complex registration procedures, and insufficient information about available facilities affect the implementation of trademark registration in this area. To address these challenges, there is a need for increased knowledge and education about trademark registration for MSMEs in Wonogiri Regency. Additionally, providing accessible information and facilities will help improve the implementation of trademark registration so that MSMEs can better understand the benefits and processes of trademark registration effectively

Akibat Hukum Bagi Notaris Atas Pembuatan Akta Pengalihan Merek yang Belum Terdaftar

Transfer of rights is a legal event in which the ownership rights of one party are transferred to another party preceded by certain conditions or agreements justified by law. Marks as assets in the form of intangible objects can be transferred according to the provisions of Article 41 paragraph 1 Law number 20 of 2016 concerning Marks and Geographical Indications. There are additional arrangements regarding the process of transferring rights contained in the provisions of article 41 paragraph 8, namely the transfer of rights to a mark can be carried out at the time of application for a mark. As is well known, marks that are still being applied for at the Directorate of Marks and Geographical Indications may not necessarily be registered in the General Register of Marks, so that applications for marks being transferred do not yet have a strong basis of rights as the object of the transfer agreement. Notary is a position that is given the authority to make an authentic deed. Based on article 1 number (1) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Offices Of course, with this authority, the Notary Office is expected to be able to fulfill the interests of the appearers to realize their interests stated in the deed, especially making agreements trademark transfer that is still being applied for. In this study, the authors focus on the validity of the trademark transfer agreement that is still being applied for and the legal consequences for the notary who makes the agreement if the applied mark cannot be registered in the General Register of Marks based on the trademark laws and regulations on the position of notary public and other applicable laws. interrelated and based on research conducted by the authors.

Perlindungan Hukum Terhadap Produk Usaha Mikro, Kecil, Menengah Di Kota Madiun Melalui Pendaftaran Hak Merek

Usaha Mikro, Kecil dan Menengah (UMKM) has an important and strategic role in national economic development. The importance of the legality of brand rights as an effort to legally protect UMKM, and the creation of a guide on procedures for processing legality documents for brand rights for UMKM. This activity is important because law is an inseparable part of human existence. This is in line with the adage ubi societas ibi ius which means where there are humans, there is law. Remembering that the legality of trademark rights is a legal umbrella for a business entity. However, there are still quite a lot of UMKM industry players in Madiun City who have not registered their trademarks due to limited capital and lack of understanding of the benefits of trademark registration for the UMKM industry. Thus, UMKM that do not register their trademarks do not receive legal protection, because a trademark will receive legal protection if the trademark has been registered. Thus, a policy is needed that regulates the UMKMindustry in Madiun City to obtain legal protection for its trademarks. So this research will examine the legality of brand rights as an effort to legally protect UMKM in Madiun City and how to create a guide on procedures for processing legality documents for brand rights for UMKM in Madiun City. This research uses normative research methods.

Anticompetitive effect of drug name trademark registration: lessons from China

The Chinese Trademark Law does not entirely exclude the possibility of generic names being registered as trademarks, which is inconsistent with the international standards. The necessity and rationality of allowing the trademark registration of drug names are worth of further research. This study analyzes the rules and cases that involve the trademark registration of drug names and makes comparisons with international counterparts. It displays that in Chinese judicial practices, drug name listed in the National Drug Standards may be registered as a trademark if it has acquired distinctive characteristics by use, which contradicts the nature of generic names and may exert an anticompetitive effect and have adverse implications on the development of the related drug industry and patient well-being. This study proposes that the drug name sign is different from descriptive sign, and cannot obtain distinctiveness through use. Based on the particularity of the drug industry, the trademark registration of drug names in the National Drug Standards should be prohibited. This arrangement is conductive to addressing the imbalance of interests among drug operators and safeguarding public health. This study can provide insights and policy recommendations for Chinese lawmakers offering a framework to reconcile trademark protection with the pharmaceutical industry’s unique characteristics and regulatory demands.