Trademark Research Articles

Analysis of Legal Protection of Non-traditional Trademarks from a Global PerspectiveTaking Scent Trademarks as an Example

With the constant advancement of the economy and technology, especially the development of high-tech technology, the traditional trademark can no longer meet the needs of social and enterprise development. From traditional visual trademarks to three-dimensional trademarks, sound marks, and even scent marks, non-traditional trademarks are playing an increasingly important role in transactions. Therefore, the legal protection of non-traditional trademarks is particularly important. By collecting and reading the relevant references and materials, this paper adopts the methods of literature analysis, comparison method, and case analysis to analyze of Legal protection of non-traditional trademarks from a global perspectivetaking scent trademarks as an example. The paper points out the current situation in the protection of non-traditional trademarks, taking scent marks as an example, and puts forward some feasible suggestions, such as: Reference the "staff " representation method, Promoting scientific and technological progress, and Scent branding prompts in the product. It can be concluded that the registration and protection systems of scent trademarks in various countries are not perfect, they can be shown in the strict requirements for registrable trademarks regarding the representation of odor, the distinctiveness of trademark registration, and the functional of marks. Countries should pay more attention to them. The study suggests that it is necessary to improve the scent trademark legislation, which is conducive to better protection of intellectual property rights, encourage innovation of enterprises, and safeguard the interests of enterprises.

Digital Trademarks in the Global Marketplace: Navigating Legal Landscapes and Technological Challenges

In the era of digitalization, trademarks have evolved beyond their physical constraints, emerging as pivotal elements in the international market. They function not only as distinctive markers of products or services but also offer legal safeguarding for brands, aiding consumers in differentiating among various options. Trademarks symbolize the source and assure the quality of a product or service, playing a vital role in cultivating brand recognition and loyalty. Their forms are diverse, encompassing words, logos, slogans, sounds, and colors, all under the protection of intellectual property laws. This essay delves into the development and challenges faced by digital trademarks, underlining their significance in securing intellectual property in the online realm. It tackles the intricacies involved in the registration, management, and enforcement of digital trademarks against a backdrop of swift technological progress and the internet's absence of geographical limits. By examining legal frameworks, international accords, and the roles played by global organizations such as the World Intellectual Property Organization (WIPO), the essay sheds light on effective strategies for digital trademark protection. Registering a trademark grants exclusive usage rights and bars unauthorized use, thus mitigating confusion and safeguarding the brands integrity. Given that trademarks are jurisdiction-specific, international treaties play a critical role in extending protection across various nations, highlighting their importance for the global economy and maintaining consumer confidence. This thorough analysis offers perspectives on maneuvering through the digital terrain to protect the bra.

Trademark protection in the sphere of fashion and with the help of artificial intelligence

A registered trademark can offer legal safeguard for a designer's name, brand name, emblem, logo, color or combination of colors, pattern, and so on. Ukrainian designers frequently establish trademarks by registering their names, sometimes accompanied by a graphic picture. Not just the brand name and designer's name, but also other aspects can be registered as a trademark. Regrettably, securing legal protection for a certain color or color combination is a challenging task. It requires providing evidence that a particular color is strongly linked to a specific fashion brand, such as the turquoise shade of a Tiffany box or the crimson hue of a Christian Louboutin sole. Registering a trademark is an effective method for preventing the importation and production of counterfeit goods. Nevertheless, it is impractical to safeguard the complete collection from plagiarism due to the insufficient time available for registering a trademark for a newly updated collection every month (ZARA, HM, OVS). Representatives of the Ukrainian fashion industry prioritize safeguarding their brands over safeguarding intellectual property rights for the models they produce. On one side, this scenario is justifiable, as Ukrainian designers hardly infringe upon the law, unlike worldwide companies. It is recommended to register an industrial design when a designer makes a distinctive model, technology, or print. The future of trademark protection lies in artificial intelligence. The verdict delivered on 8 February 2023 in the MetaBirkin case carries favorable consequences for the fashion industry and trademark proprietors at large. However, it is crucial to acknowledge that in this specific instance, the unauthorized utilization of the trademark was unequivocally acknowledged. Hermes has effectively shown its deliberate plan to enter the intangible assets market prior to the disputed circumstances. Therefore, trademark owners who encounter challenges in presenting proof of premeditated intention to participate in the non-traditional technology market should implement all essential procedures and regulations to safeguard their brand rights in the meta­network and other domains. Expanding trademark registration to encompass the sale of NFTs and digital goods in general is of utmost importance. Given that the fashion industry and its protection are developing at a rapid pace, the following problems arise in Ukraine in this area related to the protection of intellectual property rights in Ukraine: illegal use, theft or counterfeiting of works, patents, trademarks and other objects intellectual property; length of court cases combined with distrust of mediation; piracy and smuggling. Therefore, certain elements used in each collection, such as the trademark or designer print on the fabric, are legally protected.

The Growing Class of Novel RNAi Therapeutics.

The clinical use of RNA interference (RNAi) molecular mechanisms has introduced a novel, growing class of RNA therapeutics capable of treating diseases by controlling target gene expression at the posttranscriptional level. With the newly approved nedosiran (Rivfloza), there are now six RNAi-based therapeutics approved by the United States Food and Drug Administration (FDA). Interestingly, five of the six FDA-approved small interfering RNA (siRNA) therapeutics [patisiran (Onpattro), lumasiran (Oxlumo), inclisiran (Leqvio), vutrisiran (Amvuttra), and nedosiran] were revealed to act on the 3'-untranslated regions of target mRNAs, instead of coding sequences, thereby following the common mechanistic action of genome-derived microRNAs (miRNA). Furthermore, three of the FDA-approved siRNA therapeutics [patisiran, givosiran (Givlaari), and nedosiran] induce target mRNA degradation or cleavage via near-complete rather than complete base-pair complementarity. These features along with previous findings confound the currently held characteristics to distinguish siRNAs and miRNAs or biosimilars, of which all converge in the RNAi regulatory pathway action. Herein, we discuss the RNAi mechanism of action and current criteria for distinguishing between miRNAs and siRNAs while summarizing the common and unique chemistry and molecular pharmacology of the six FDA-approved siRNA therapeutics. The term "RNAi" therapeutics, as used previously, provides a coherently unified nomenclature for broader RNAi forms as well as the growing number of therapeutic siRNAs and miRNAs or biosimilars that best aligns with current pharmacological nomenclature by mechanism of action. SIGNIFICANCE STATEMENT: The common and unique chemistry and molecular pharmacology of six FDA-approved siRNA therapeutics are summarized, in which nedosiran is newly approved. We point out rather a surprisingly mechanistic action as miRNAs for five siRNA therapeutics and discuss the differences and similarities between siRNAs and miRNAs that supports using a general and unified term "RNAi" therapeutics to align with current drug nomenclature criteria in pharmacology based on mechanism of action and embraces broader forms and growing number of novel RNAi therapeutics.

Unravelling The Future and Scope of Smell Marks Under the Trademarks Act,1999

The realm of intellectual property law is evolving amidst the traditional notions of visual trademarks and the development of an olfactory revolution is underway. To attain this objective, the top-notch companies develop unique logos, labels so on and so forth to catch the eye of every ultimate consumer they target upon. Recently, as the industries strive towards engaging the consumers through multisensory experiences, the recognition and protection of non- conventional trademarks specifically scents gain prominence. This article focuses on the future and scope of smell marks in Indian trademark law by comparing the existing laws of United States of America, and European Union. The article begins by throwing lights on the current status of smell marks in the Indian Trademarks Act. A critical analysis and comprehensive overview of the Act in examining existing provisions and challenges associated with registering and protecting olfactory trademarks, considering the subjectivity and fluidity of scent perception has been done. In order to be served as a benchmark for evaluating the adequacy of existing frameworks within the Indian context, drawing parallels with international practices is necessary. The approaches adopted by other jurisdictions, such as the European Union and the United States in recognizing and safeguarding smell marks has been observed. Furthermore, considering the growing significance of scent branding and the global trend towards acknowledging the distinctiveness of olfactory identifiers, the article strives to anticipate the future trajectory of smell marks in India. The article emphasis on the need for amendments required in the current legal frameworks to accommodate and protect smell marks balancing with the interests of trademark owners and consumer.

Crime, Trade Marks and Soft Trade Policy in the Interwar Era: Market Realities and the Merchandise Marks Act 1926

ABSTRACT This article explores a facet of the relationship between trade marks and the criminal law in the UK in the interwar era, a pivotal period of transition in UK economic policy from free trade to a more managed economy. Drawing together insights from legal, business and economic history, we show that, in the interwar years, the context of domestic politics and wider international trade policy, produced a greater focus on the relationship between trade marks and market-place understandings of the national origin of manufactured products. This context included the passage of the Merchandise Marks Act 1926, a criminal law statute that stipulated the circumstances in which imported goods were to be marked with an indication of national origin, and included a criminal offence regulating trade marks enforced by prosecutions brought by the Board of Trade. We argue that the criminal law regulating trade marks became entwined with ‘soft’ trade policy, i.e. a means of protecting the domestic/Empire market falling short of tariff protection. Drawing on substantial original archival research, we explore the problems that confronted the Board of Trade when it enforced the 1926 Act in view of market realities.

Intimation to TM Registry for Trade Marks Filed under Proposed to be Used Category

Intimation to TM Registry for Trade Marks Filed under Proposed to be Used Category

Empowering MSMEs: Unravelling the Essence of Business Law and Brand Protection in Indonesia

In the context of Indonesia, as a country with a very large number of MSMEs, a good understanding of the role of business law and trademark protection is a very important capital to create a conducive and sustainable business climate for MSMEs. Along with a better understanding, it is also expected that there will be an increased awareness of the importance of trademark registration and business law protection for MSMEs in Indonesia. This study explores the complex legal and trademark protection system that Indonesian MSMEs (micro, small, and medium enterprises) have to go through. Business registration procedures, compliance standards, and legal support present barriers that are revealed through normative analysis and further explained through interviews with experts. In addition, there are problems with brand protection procedures, such as difficult law enforcement and protracted brand registration procedures. The results are synthesized into normative solutions that suggest changes to the company's compliance, registration, legal aid, and brand protection systems. If put into practice, these solutions can empower MSMEs, encourage innovation, and boost the Indonesian economy. In addition, it is also important to create mechanisms that make it easier for MSMEs in the trademark registration process. Simple measures such as simplification of registration forms and improved accessibility of information on the registration process can greatly help MSMEs with limited resources and knowledge. These measures, along with the proposed normative solutions, can significantly improve MSME trademark protection, encourage innovation, and strengthen the Indonesian economy.

Analisis Penerapan Prinsip First To File Terhadap Perlindungan Hukum Preventif

This research aims to examine the application of the first-to-file principle as a preventive legal protection in trademark disputes between MS GLOW and PS GLOW. This legal writing falls under the category of normative legal research, utilizing legislative approaches and case approaches. Legal sources used in this research include primary legal materials and secondary legal materials, collected through document studies and analyzed using deductive legal material analysis with syllogism method. The results of this research indicate that the application of the first-to-file principle as a preventive legal protection in trademark disputes between MS GLOW and PS GLOW is not well implemented and effective. This is due to existing weaknesses both in the substance of the trademark law, namely Law Number 20 of 2016, and in the stages of trademark registration, namely in the announcement stage and the substantive examination stage.

Divergences in the recent case-law of the General Court of the European Union in the field of IP

Abstract The purpose of the present article is to identify certain important issues in relation to which there have been divergences in the recent case-law of the General Court of the EU in the field of IP law and to examine the way the EU judicature has dealt with them. It is structured as follows. Its introductory part presents succinctly the main reasons for inconsistencies in the case-law of the General Court in the field of IP law and the existing mechanisms aimed at preventing, eliminating or minimizing them. Its main part examines the following four questions of EU IP procedural and substantive law, reflecting diverging opinions of the General Court: (i) admissibility of an intervention before the General Court submitted by the other party to the proceedings before the Board of Appeal of the European Union Intellectual Property Office (EUIPO); (ii) admissibility of evidence presented for the first time before the General Court in proceedings concerning EU trade marks; (iii) effect of the termination of protection of earlier rights while proceedings are pending before EUIPO; and (iv) likelihood of confusion in the context of the comparison of goods in cases involving alcoholic and non-alcoholic beverages. The article concludes by stressing that, while the occurrence of divergences in the case-law of the General Court may be unavoidable, swift detection of the existence and the exact content of such issues is an important step towards resolving them effectively, in the interest of legal certainty and equality in the application of law.

The Element Of Bad Faith In The Cancellation Of The Mark "Pentakosta"(Study of Decision Number 1/Pdt.Sus.HKI/Merek/2021/ PN.Niaga.JktPst)

The application for trademark registration must be made by the applicant in good faith, which is regulated in Law Number 20 Year 2016 on Trademarks and Geographical Indications. This thesis research aims to find out and analyze the Court Decision related to the cancellation of the "PENTAKOSTA" trademark which has an element of bad faith and how the basis of the judge's consideration in deciding the case of cancellation of the "PENTAKOSTA" trademark. The type of research used in this study is normative legal research. By using the approach of legislation and case approach. From the results of this study it can be concluded that the relationship between the cancellation of registered trademarks with good faith is on the application for registration of the trademark and the Panel of Judges who decided to cancel the trademark after reviewing the bad faith. In the study of Decision Number 1/Pdt.Sus.HKI/ Merek/2021/PN.Niaga.JktPst is not appropriate in applying the law of evidence which is that there is no finding of bad faith in the registration of the trademark by the Defendant. In addition, the legal consequences of the cancellation of the trademark "PENTAKOSTA" is the end of legal protection provided by the state.

Consequences And Resolutions Of The Ms Glow Vs Ps Glow Trade Brand Dispute

Trademarks are in the form of images, logos, names, words, letters, numbers, color schemes, two and/or three dimensions, sounds, holograms, or a combination of them. The above factors are to distinguish goods and/or services produced by individuals or legal entities in order to trade goods and/or services. The existence of the trademark system aims to prevent the occurrence of trademark disputes between trademark owners. This study aims to explain the settlement of trademark disputes analyze the legal consequences of the decision number 2/Pdt.Sus.HKI/Merek/2022/PN Niaga Sby Jo. Supreme Court Decision Number 161 K/Pdt.sus-HKI/2023. The type of research used is normative juridical research and uses qualitative data analysis techniques to interpret research findings based on research data and implications obtained from relevant literature, laws and regulations, documents, books, and other library materials, as well as the author's research questions. In this research, the author explains that a mark can be said to have similarities in principle with other marks when the general public cannot be distinguished due to similarities in appearance, letters, numbers, colors, smell and pronunciation. Similarity of marks basically has a very close relationship with malice. Protect marks from inherently egalitarian and malicious business actors. The rise of trademark disputes in Indonesia, in the process of trademark registration, Indonesia applies the first to file principle, that is, trademark registration is only granted to businesses that first register their trademarks, and the state does not register/approve the registration of trademarks that are similar to the first registered trademark to others. On other similar products/services.

Prosedur Pendaftaran Merek Usaha Mikro Di Dinas Koperasi Dan Usaha Mikro Kabupaten Malang

Micro, Small and Medium Enterprises (MSMEs) play an important role in driving the Indonesian economy. However, many MSMEs do not understand the importance of business legality and trademark registration. This can hinder their business development and access to capital. To overcome this problem, the Cooperatives and Micro Enterprises Office of Malang Regency conducted socialization and consultation on trademark registration procedures for MSMEs. Socialization is carried out face-to-face using PowerPoint presentations to explain the process of trademark registration and the benefits of owning a brand. Followed by individual consultations to help MSMEs. The success of the activity is measured through questionnaires before and after the activity to assess the understanding of MSMEs. The trademark registration process for MSMEs includes verification of availability, submission of applications to the Directorate General of Intellectual Property, completion of requirements, and waiting for announcement. Brands are very important for MSMEs because they facilitate product identification, protect product characteristics, create a company image, and attract loyal customers. Therefore, socialization regarding business legality and brand interests needs to continue to be carried out to help the growth of MSME businesses.

Global Commerce and the Law: A Comparative Exploration of International Commercial and Intellectual Property Law

This article explores the intricate landscape of international commercial law through a comparative analysis, focusing on the theoretical foundations, dispute resolution mechanisms, and intellectual property rights across different legal jurisdictions. By examining the roles of comparative law, the tension between harmonization and legal pluralism, and the variances in contract law, this study sheds light on the challenges and opportunities presented in global commerce. Furthermore, it delves into arbitration, mediation, and the influence of legal culture on dispute resolution, alongside a detailed examination of copyright, trademark, and patent laws in a globalized economy. This comprehensive analysis aims to provide legal practitioners and businesses with insights into navigating the complexities of international commercial transactions and intellectual property protection, highlighting the importance of strategic legal planning and international cooperation.

Identifying and Improving Problems and Risks of Management Strategies Based on GQM+Strategies Metamodel and Design Principles

Due to the criticality of software and IT in today’s business environment, organisations often align business goals and IT strategies. One alignment method is GQM+Strategies[Formula: see text] (GQM+Strategies[Formula: see text] is a registered trademark (No. 302008021763 at the German Patent and Trade Mark Office and international registration number IR992843). Although GQM+Strategies employs a vertical refinement tree grid based on rationales to align business goals and IT strategies in each department and throughout the organisation, it allows multiple perspectives. This can lead to strategic problems and risks because the GQM+Strategies grid may be unclear. To address this deficiency, this study defines modelling rules with a metamodel specified using a Unified Modelling Language (UML) class diagram and employs design principles described by Object Constraint Language (OCL) to automatically configure GQM+Strategies grids. These design principles are used in an experiment as the evaluation criteria to assess potential strategic problems and risks. The results confirm that our method has the potential to support the construction of GQM+Strategies grids with a consistent perspective, aiding in the alignment of business goals and IT strategies throughout an organisation.

Full Compensation of Moral Harm Caused to the Trade Mark Owner

Full Compensation of Moral Harm Caused to the Trade Mark Owner

Removing the Human from Trademark Law

This paper envisions a future in which humans begin to entrust interconnected and intelligent devices and machines with the power to make purchasing decisions on their behalf. Artificial Intelligence (AI), together with the Internet of Things (IoT) and blockchain technology, will likely make this possible. What might be the role of trademarks and the law governing their protection in such a future? This paper responds to this question by considering how the use of AI, IoT, and blockchain technology in the retail space will impact the foundational concepts underpinning trademark law. The discussion highlights the difficulty of shifting trademark law away from its human-centric focus, where core doctrines and principles revolve around human interaction and perceptions, towards a system capable of adapting to a future where devices and machines interact with trademarks. Perhaps the time is ripe for legislative innovation in the field of trademarks.

Metaverse in the world of trademark law

Abstract From the beginning of recorded history, industry has been using trademarks to identify and differentiate their products or services from others of the same type and quality. Traditionally, due to the significance of trademarks for trade and industry worldwide, most countries have adopted legislation to enforce their rights against real world infringers. However, in the 21st century, trademark owners must be aware of metaverse world infringers.

Use of Trade Mark in the Title of a Book

Use of Trade Mark in the Title of a Book

The Importance of Maintaining Trademark Anti-Dilution Protection

Trademark anti-dilution protection is a legal measure aimed at protecting the rights and interests of trademarks and guaranteeing fair competition in the market, but whether it should be canceled has been controversial. The development of the theory of anti-dilution protection of well-known trademarks is a relatively popular research topic, while the Paris Convention and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) have provisions on anti-dilution of trademarks. Therefore, through the research method of literature review and theoretical analysis, this paper will discuss trademark anti-dilution protection in terms of its definition, implementation effect, and problems. In addition, the importance of trademark anti-dilution protection is elaborated from the perspectives of consumer protection, brand value, and innovation incentives, and the viewpoint of maintaining the existence of trademark anti-dilution protection is confirmed and put forward.