Trademark Research Articles

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

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

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

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

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

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

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

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

Non-Infringing Use of a Trade Mark with Reputation

Ferrari v Brumm

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

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

Production Development of Chestnut Tree: A Case study in Vietnam

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

CONSORZIO TUTELA VINI EMILIA v VIÑEDOS EMILIANA SA

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

High-throughput gait acquisition system for freely moving mice.

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

Implementation of Trademark Registration in Pekanbaru

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

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

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

Upaya Peningkatan Kesadaran Hukum Melalui Pendaftaran Merek Bagi Pelaku Usaha Kecil Menengah Berbasis Mahasiswa

This article addresses the crucial issue of legal protection for products and services by business entities, known as intellectual property. In the effort to value and safeguard intellectual creations, the concept of Intellectual Property Rights (IPR) emerged with the aim of providing recognition, appreciation, and protection to these creations, also contributing to economic growth. The Directorate General of Intellectual Property Rights (IPR) is responsible for managing the administration of copyrights, trademarks, patents, and others. Trademark registration also serves as a symbol of business legitimacy, reducing risks and enhancing consumer trust in products. The article highlights the urgency of intellectual property registration, particularly in sectors requiring legal protection. In light of this, community engagement is conducted to impart understanding to small and medium-sized business operators among students and provide training on business trademark registration. The method employed in this community engagement involves participatory dialogue-based socialization and trademark registration training. The outcomes of this community engagement reveal that many students engaged in small and medium-sized businesses lack business legitimacy. Hence, there is a need for trademark registration training to be conducted.

Analysis Regarding Brand Dispute Cases Based on Case Study of Decision Number 4 Pk/Pdt.Sus-Hki/2023

Brand is a very important thing for the business world, especially for business people, because the brand is the identity of a product or company that is very valuable. A well-known brand from the United States, namely TIMBERLAND, is in dispute with a local brand, namely TIMBERLAKE, judging from the sentence that dominates the word "TIMBER" and from its mention it can confuse consumers. The registration of the TIMBERLAKE trademark had bad faith and wanted to piggyback on the well-known American brand, TIMBERLAND, because there were similarities in the marks that were detrimental to the plaintiff.

색채만으로 된 상표 보호에 관한 연구

A trademark which comprises a single color or a combination of colors has become the subject of registration in Korea since 2007. Color marks is recognized as one of the non-traditional mark. The concern that a color can be monopolized due to the effect of trademark protection and no one else use the mark results in the fact that there are still only a few examples of trademark registration of color marks. It can be said that it is important to establish the standard for protection under what conditions prescribes the protection of color marks. In particular, the question of distinctiveness, which is a basic requirement for trademark protection, it is considered that colors cannot be inherently distinctive in principle, and must be acquired secondary meaning through use. It is difficult to assume that colors are used alone, and there is a difficulty in that colors should be regarded as having independent discrimination when used together with letters and/or symbols. A consumer survey can be an effective for measuring acquired distinctiveness, but must be taken to ensure reliable results. Functionality doctrine is also important requirements for color marks protection, and not only traditional utilitarian functionality but also aesthetic functionality needs to be reviewed.

Burden of Proof for the Exhaustion of Trade Mark Rights

Sporttrading Holland B.V., Sport Concept B.V., Ferro Footwear B.V. and Brandustry B.V. v Converse Inc., Kesbo Sport B.V.

Co-branding drivers between professional sport organizations and on-field sports apparel sponsors

PurposeThis study aims to investigate drivers of co-branding, and the relative strength of these drivers within the Persian Gulf Pro League (PGPL). The study examines sport sponsorship, and specifically the relationship between professional football teams and on-field apparel sponsors.Design/methodology/approachSixteen experts participated in semi-structured interviews and ranked the co-branding drivers. The expert opinions were organized into estimates and triangular fuzzy numbers were established before the Mamdani Fuzzy Inference System converted the fuzzy outputs into crisp output values using the Centroid method. Next, the rankings of the drivers by the same 16 participants were analyzed using the analytical hierarchy process (AHP).FindingsThe study identified four main factors with 19 indicators: brand management (i.e. enhancing brand value, utilizing the knowledge and experience of partner brands, brand position, brand identity, brand equity and brand image), partner relationships (i.e. satisfaction, mutual trust, commitment, common interest, product reliability and innovative strategies), marketing factors (i.e. marketing mix, market position, competitive advantage and entry into new domestic markets) and supporting factors (i.e. copyright, contracts and social media law). The AHP identified the most influential factors as marketing, partner relationships, brand management and support.Originality/valueBased on the study’s findings, the authors recommend that PGPL teams adopt a partnership mindset, seek alignment of values and recognize the plurality of stakeholders to a sponsorship and their relationships to each other. The study highlights the challenges of co-branding activities in a developing country where trademark laws are not well developed.

The Significance of Bad-Faith Premises for the Strategy of Trade Mark Protection in the Light of the Latest EU Case-Law

EU case-law has long considered trade mark applications made in bad faith to be dishonest practice that involves a sign used by a third party. This approach stems from the crucial factors of bad faith stipulated by the CJEU in the Lindt case C-529/07. However, recent CJEU case-law clearly suggests that a trade mark application can also be alleged to be in bad faith when it has nothing to do with a third-party sign but instead involves a dishonest strategy for protecting the applicant’s own trade marks. The aim of this paper is to provide a comprehensive catalogue of premises for finding bad faith in the context of a trade mark application, and to analyse their importance from the perspective of business strategy for protecting trade marks. It follows from the relevant case-law that proving an applicant’s bad faith where the latter is alleged not in relation to the use of a third-party sign may be rather problematic, as it is difficult to demonstrate objective circumstances to corroborate an applicant’s subjective intentions, particularly when such intentions concern solely their own trade mark protection strategy. An additional difficulty comes from the CJEU’s SkyKick case C-371/18, according to which the absence of any intention to use a trade mark does not per se constitute grounds for finding bad faith. Moreover, an allegation of bad faith may provide a basis for extending legal protection to a third-party trade mark not registered in a given territory, which may be particularly useful for businesses that export goods worldwide. However, at the same time, care must be taken to reasonably balance such protection for non-registered marks with one of the crucial premises of EU trade mark protection, which is based on the principle of “first to file” not “first to use”.

Challenging the Refusal to Register an Advertising Slogan as a Trade Mark for the Lack of Distinctiveness

Hulka v Ministry of Economic Development, Italian Patent and Trademark Office (IPTO)

Anomali Pergeseran Filsafat Hukum Terhadap Keadilan Korban Pemegang Hak Merek Pada Bisnis Online Shop

The purpose of this study is to analyze the justice that should be received by victims of trademark rights holders, especially in the online shop business based on the legal philosophy aspects of Indonesian trademark law which adheres to a "first to file" system, so that those who register first are those who are entitled to ownership. a brand. The method used in this research is a normative research method using a statutory and case approach using primary legal materials and secondary legal materials using legal material collection techniques in the form of library research by collecting various books and journals related to the topic in this study as a reference. The results of this study are to explain the importance of the principle of proportionality which is an alternative solution for holders of rights to electronic brands (e-commerce), and to provide legal protection based on the first-to-file principle system given to registered trademark rights holders who have good faith, are preventive in nature nor repressive. In order for any anomaly in the shift in legal philosophy towards the rights of trademark holders to have legal protection, particularly trademark law in Indonesia, the trademark registration itself must be registered with the Ministry of Law and Human Rights-Directorate General of Intellectual Property Rights, so that it is registered in the General Register of Marks and their owners. the actual brand will receive a trademark certificate as proof of rights and ownership of the product trademark. Therefore, the conclusion of this study is to explain the importance of justice and protection for victims of brand rights holders, especially in the online shop business

New Trends, New Possibilities: A Comment on the Proposed Fifth Amendment to China’s Trade Mark Law

Abstract In January 2023, the China National Intellectual Property Administration (CNIPA) released the Draft Amendment to the Trade Mark Law of the PRC (Draft for Public Comment), launching the proposed fifth revision of the Trade Mark Law. This revision comes 40 years after the first version of the Trade Mark Law was implemented. Compared with previous amendments, the Draft makes significant changes, representing a new legislative trend in China’s trade mark law. This comment gives an overview of the background of the fifth amendment and highlights and comments on the fundamental changes in the Draft Amendment.