To see the other types of publications on this topic, follow the link: Trademark.
Journal articles on the topic 'Trademark'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Trademark.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Cheng, Ming. "The Legal Practice of Trademark Dilution Theory in Protecting Brand Value in China." Advances in Economics, Management and Political Sciences 66, no. 1 (January 5, 2024): 206–11. http://dx.doi.org/10.54254/2754-1169/66/20241231.
Full textAbstract:
Trademark dilution theory aims to further develop and protect the trademark's own value and its new function, and to provide protection for well-known trademarks on non-identical or non-similar goods. Trademark dilution theory has not yet been systematically and clearly stipulated in Chinese trademark law, but it has increasingly become the basis for references and judgments in the cross-class protection of well-known trademarks. This paper explores and summarizes the novel function of trademarks in protecting brand value through the methods of literature research and theoretical study, citing the case of trademark right dispute between Hunan Yong He Food Co. and Beijing Byte Dance Technology Co. Ltd, as a case, the paper analyzes the design of legal rules to regulate the dilution in judicial practice. It is concluded that although the object of trademark dilution protection in China is relatively clear at present, which is limited to well-known trademarks, there are problems such as unclear boundaries between dilution and confusion, inconsistent determination standards, and generalized reasoning process of judges.
2
Sharma, Yuvraj, and Jatin Patil. "Understanding the Concept of Phonetic and Visual Similarity Vis-A-Vis To Letter Trademarks Through Judicial Precedents." DME Journal of Law 4, no. 02 (December 25, 2023): 40–47. http://dx.doi.org/10.53361/dmejl.v4i02.05.
Full textAbstract:
The assessment of the distinctiveness of trademarks, despite the criteria outlined in the Trademark’s Act of 1999, specifically under sections 9 and 11, presents a formidable challenge, often necessitating the discerning perspective of the judiciary. As a fundamental guiding principle, both examiner and courts are obliged to evaluate a trademark as a unified entity. In recent years, there has been a discernible rise in the scrutiny of phonetic similarities between marks. The legal framework for dealing with the infringement of a registered mark due to phonetic resemblance is encapsulated within section 29(9) of trademarks act 1999. This section expressly stipulates that a mark may be infringed by the oral as well as the visual representation of words. The Supreme Court has consistently affirmed the imperative need to consider both auditory and visual aspects when comparing trademark. This paper delves into an analysis of numerous judgements handed down by the Supreme Court and various High Courts, primarily focusing on the assessment of both phonetic and visual aspects of trademarks. Special emphasis has been placed upon letter trademarks and their susceptibility to both visual and phonetic infringement. While trademarks typically encompass various elements such as devices, color combinations, letters and images, letter trademarks, often consisting of a single letter with descriptive trade connotations, are generally considered weaker trade makers. To establish trademark rights in such instances compelling evidence of usage is requisite. Conversely, trademarks comprised of more than one letter, devoid of descriptive elements pertaining to goods and trade, are regarded as stronger trademarks. In cases where a letter trademark incorporates a unique device, it offers robust protection for the trademark. This paper references multiple case laws where esteemed courts have recognised unequivocally rights with respect to letter trademarks.
3
Yunita, Yunita, and Nurul Fitria. "Differences In Destruction Time and Determination of Generic and Trademark Paracetamol Tablets Using UV Spectrophotometry Method." PHARMADEMICA : Jurnal Kefarmasian dan Gizi 3, no. 1 (November 8, 2023): 37–44. http://dx.doi.org/10.54445/pharmademica.v3i1.37.
Full textAbstract:
Paracetamol is one of the most widely used antipyretic analgesic drugs in the community. Paracetamol in circulation, both generic and trademarked, is generally given in the form of tablets containing 500 mg of the active ingredient. At this time people prefer to use trademarked paracetamol tablets with the assumption that trademarked drugs are more efficacious than generic drugs. This study aims to determine the difference in disintegration time and content of generic paracetamol tablets with trademarks. The study was conducted on 2 samples of generic paracetamol tablets with 2 samples of paracetamol tablets of different brands. The results of the disintegration time test showed that the average of generic A paracetamol tablets was 8.41 minutes, generic B 1.2 minutes, trademark A 2.14 minutes, trademark B 1.2 minutes. While the results of the average level test obtained paracetamol tablets generic A 109.87% generic B 105.95% trademark A 103.28% trademark B 92.49% with categories according to the standards set in the literature. The results of the Paired Sample T-test on disintegration time obtained a value of 0.006 and the results on the level test of 1.00 so that it can be concluded that between generic and trademarked paracetamol tablets only have differences in disintegration time with the same concentration.
4
Ding, Siyu. "Study on the Regulatory Management System for Idle Registered Trademarks." Academic Journal of Management and Social Sciences 6, no. 2 (February 28, 2024): 114–18. http://dx.doi.org/10.54097/b8wf3851.
Full textAbstract:
There are a large number of unused trademarks in the huge volume of registered trademarks in China, which wastes trademark resources, administrative trademark examination resources and judicial resources, disturbs the normal trademark order and market order. At present, China's law on the disposal of unused registered trademarks can only be based on the "If the trademark owner does not use the registered trademark for three years, the third party has the right to apply for its cancellation" system to make the unused trademark rights to the elimination of the new round of reform of the trademark law, although the new provisions to explain the use of trademarks, but a single provision cannot give full play to the effect of the supervision of unused registered trademarks. The regulation and supervision of unused trademarks should be based on the establishment of a standardized management system for unused trademarks at the macro level, which includes prevention, identification and relief, and at the micro level, unused trademarks with different causes should be classified into different categories and phases to be discussed and dealt with.
5
Hukamawati, Dinartika, and Arifah Fibri Andriani. "ANALISIS PENERAPAN ARM’S LENGTH PRINCIPLE PADA TRANSAKSI PEMBAYARAN ROYALTI ATAS PEMANFAATAN MEREK DAGANG (TRADEMARK) KEPADA PERUSAHAAN AFILIASI." INFO ARTHA 4 (May 24, 2017): 1–18. http://dx.doi.org/10.31092/jia.v4i4.34.
Full textAbstract:
Trademark is a unique marketing intangible. It does not only involve the expenses of marketing, advertising, and promoting, but the reputation of the trademark's owners also takes part in the development of trademark. Many parties involve in the development of trademark. In the context of transfer pricing, these parties entitle to some compensation. And arm's length principle must be applied to determine the reasonable compensation for the use of trademark. Transaction payment of royalties on trademarks is subject to taxes.The taxation of transactions payment of royalties on the use of the trademark among affiliated companies also created disputes between the taxpayer and Tax collector. Cases disputed are related to the fairness of the transaction relating to the determination of royalty payments on trademarks which cover: definition, identification, allocation and valuation between affiliated companies (Caroline Silberztein, 2010). The dispute raises the burden of the cost of compliance for taxpayers and cost of collection to the tax authorities.This study aims to determine how to identify ownership and economic benefits, as well as the best method which can be applied to determine the reasonable price of royalty payment transaction for the trademark use.The results shows that in order to determine the parties entitled to compensation/ remuneration are: Party who can be legally declared to have legal ownership (legal owner) which are parties that have control over decisions related to the exploitation of the intangible as well as the right to restrict others to use intangible; Parties that contribute to the value of the trademark by identifying the parties who bear the cost and risk of the development of the trademark.
6
Fibrianti, Nurul. "Trademarks and The Protection for Business Actors in Indonesia: Some Contemporary Issues and Problems." Indonesian Journal of Advocacy and Legal Services 2, no. 1 (March 31, 2020): 103–10. http://dx.doi.org/10.15294/ijals.v2i1.38040.
Full textAbstract:
The brand represents the identification to distinguish the results of the production of one business with other businesses, the brand is used as a product promotion tool, therefore the trademark is very important to protect the business. Through Law No. 20 of 2016, the state gives approval to all trademarks supported by businesses by requesting these trademarks. But only 4% of the number of SMEs that fulfill the trademark. Micro, small and medium business operators are not required trademarks because of their understanding and importance of trademarks, paid trademark registration and the complexity of the process and requirements for trademark registration are also additional supplements for SMEs. Therefore, there is a need for enhanced socialization of the importance of trademark registration and assistance with trademark registration.
7
Su, Rui. "On the Regulation of Bad Faith Trademark Registration." International Journal of Education and Humanities 5, no. 3 (November 16, 2022): 193–95. http://dx.doi.org/10.54097/ijeh.v5i3.2801.
Full textAbstract:
With the continuous development of market economy, the intangible value attached to the trademark is more and more large, large-scale malicious trademark registration has destroyed the order of trademark registration, we must take effective measures to curb the malicious trademark registration. For the cognizance of malicious registration of trademarks, currently only in national trademarks promulgated by the administrative organs of the trademark review and hearing standard to judge the malicious registration of trademarks in the specific reference, for the standard of "malicious" did not make clear a regulation, at the same time, there is trademark registration system focusing too much on the use of the trademark application time and ignoring the trademark; Too long objection period is not conducive to the rights protection of interested parties; The illegal cost borne by malicious registrants is too small. Through the comparative analysis of foreign provisions on malicious trademark registration, the differences between malicious and related concepts are analyzed, and the following suggestions are put forward: clarifying the identification standard of "malicious" and strengthening the intention of trademark applicants to use trademarks; In order to curb the phenomenon of malicious trademark registration, we should adopt the mode of absolute reason examination and the objection to the front mode, and appropriately increase the legal liability of malicious applicant.
8
Jia, Ziyan. "Protection of Well-Known Trademarks under the Internet." Advances in Economics, Management and Political Sciences 68, no. 1 (January 5, 2024): 262–67. http://dx.doi.org/10.54254/2754-1169/68/20241419.
Full textAbstract:
As the digital age advances, many trademark registrants have utilized the Internet as a medium to increase the visibility of their trademarks and brands, thereby obtaining greater benefits compared to traditional methods of trademark display, such as physical advertisements and television broadcasts. However, the Internet has also expanded the forms of trademark infringement while breaking down the territorial protection limitations of traditional trademark rights. Well-known trademarks, due to their own popularity and prominence, make them the first target of intellectual property infringement in the Internet environment. And due to the lag in legislation, the trademark infringement caused by the Internet will encounter obstacles in the process of defending rights. Therefore, this paper analyzes the protection of well-known trademarks in the context of the Internet by means of theoretical analysis and overview analysis. At the same time, it takes the problems expected in the protection of well-known trademarks in China as an example and provides corresponding measures to solve the problems. Relative protection is adopted for unregistered well-known trademarks, and with their own higher goodwill and trademark value, well-known trademarks should be given special protection. Extending the protection of well-known trademarks to the network environment is the inevitable development trend of well-known trademark protection.
9
Elcott, Noam M. "Kubism™: Picasso, Trademarks and Bouillon Cube." Arts 13, no. 1 (February 7, 2024): 30. http://dx.doi.org/10.3390/arts13010030.
Full textAbstract:
Pablo Picasso’s Landscape with Billboards (1912) evinces a deep and complex relationship with emergent trademark and related intellectual property law in France. Among the three trademarked logos featured prominently in the work is that for Bouillon Kub. Critics, caricaturists, and the Cubists themselves toyed with the visual and textual rhymes between Cubism and Bouillon Kub. But only Picasso in his Landscape with Billboards engaged deeply with the nascent trademark and design protection laws exploited more forcefully by Bouillon Kub than nearly any other brand. This essay is a small part of a larger chapter on Picasso, Cubism, and the semiotics of trademark, which, in turn, is a part of the book project Art™: A History of Modern Art, Authenticity, and Trademarks.
10
Minchenko, Nataliia. "Protection of trademark property rights in pharmaceuticals. Analysis of judicial practice." Theory and Practice of Intellectual Property, no. 6 (February 27, 2023): 56–63. http://dx.doi.org/10.33731/62022.274635.
Full textAbstract:
Keywords: trademarks in the pharmaceutical industry, trademarks ownershipviolations, trademarks protection, case law, trademarks protection cases, invalidationof the trade mark certificate, early termination of the certificate
The relevance of this article is that the largest number of legal disputes in the sphere of intellectual property are disputes concerning violation of property rights for trademarks. At the same time, in economicproceedings, part of the court cases on the protection of trademark rights in the pharmaceutical industry represents about 40% of the total number of court cases on the protection of rights to trademarks. The article studies theoretical provisions of protection of trademark rights in the field of pharmaceuticals, as well as practical issues of violations of these rights. Special attention is paid to the analysis of court practice of protection of trademark rights in the field of pharmaceuticals. It has been found that the overwhelming number of cases investigated concerns recognition of the Ukrainian trademark certificateas invalid. The analysis of judicial practice made it possible to establish the following statistical data in economic proceedings: cases of invalidation of a trademark certificate are 70%; cases on termination of infringement of rights to the trademark are 12%; cases on early termination of the trademark certificate are 15%; other cases on protection of rights to trademarks make 5%. The article details the legal requirements for each category of court cases. What additional claims are submitted for each category of court cases.
The case law analysis revealed that courts for the protection of trademark rights in the pharmaceutical industry are most often sued for declaring the Ukraine trademark invalid in whole or in part and for an obligation to act. In addition, it was found that 70 percent of trademark cases in the pharmaceutical industry resulted in a full or partial award. In civil proceedings it is almost 90 percent. Thus, litigation is a very effective way of protecting trademark rights in the pharmaceutical industry.
11
Zheng, Kaige. "Practical Law Regulatory Thoughts on Cross-Domain Trademark Rights Conflict on the Internet." Studies in Law and Justice 3, no. 1 (March 2024): 14–21. http://dx.doi.org/10.56397/slj.2024.03.03.
Full textAbstract:
Based on the characteristics of the Internet and the rapid development of Internet trade, the use of Internet trademarks has aggravated the conflict of cross-domain trademark rights, and the adoption of the trademark coexistence system to solve the conflict of cross-domain trademark rights is appropriate, through the expansion of the explanation of the extension of trademark coexistence system, and the requirement of Internet trademark users to take corresponding technical measures, and the comprehensive generalization of the system of coexistence for the use of trademark, which reflects the value of the expansion of the system of coexistence of trademarks in order to regulate Internet trademark conflicts, and the value of substantive law regulation. This is to realize the value of expanding the trademark coexistence system to regulate cross-domain trademark conflicts on the Internet.
12
Rahmadhiani, Nur Febry, and Catharina Ria Budiningsih Ria Budiningsih. "ANALISIS HUKUM PENGHAPUSAN MEREK IKEA." Syiar Hukum : Jurnal Ilmu Hukum 15, no. 2 (November 3, 2017): 140–57. http://dx.doi.org/10.29313/sh.v15i2.3105.
Full textAbstract:
Trademarks have important functions for their owners, especially in the global trading era. Trademarks give indication of the origin and the quality of the traded goods or services. Trademark owners have the exclusive rights to authorize or prohibit others from using the same or similar marks with their own. Indonesia using a constitutive registration system, namely an exclusive right is granted for a registered trademark. A trademark applicant may not register the same mark with another person's well-known trademarks. A registered trademark must be used. Annulment of a trademark is done when the mark is not used for three consecutive years. Supreme Court Decision No.264 K/Pdt.Sus-HKI/2015 which held that IKEA owned by Inter IKEA System was annulled and the registration of ikea owned by PT Ratania Khatulistiwa was valid. The result of normative analysis on the case showed that the annulment of Inter IKEA System trademark and the validity of trademark application by PT Ratania Khatulistiwa did not automatically recognize the ownership of Ikea by PT Ratania Khatulistiwa. Judge verdict resulted Inter IKEA System’s right to be excluded from trademark registration system so as allowing anyone to register the Ikea trademark. PT Ratania Khatulistiwa has exclusive rights if the application has passed the registration procedure and has a trademark certificate. If Inter IKEA System wishes to defend the same trademark, it must file an objection to the Directorate General of Intellectual Property and file a cancellation of the new trademark owner in court. If it has not succeeded it can still appeal and re-register. In general, trademark annulment occurs when a trademark is not used in the trade in goods and services. If the old owner still wants the same trademark rights, it must apply for a trademark registration and follow the entire registration procedure. If another party has first filed a trademark application, the former owner may file an objection. If this attempt fails, he may file a cancellation to the Commercial Court, the cassation, and a court review. It is recommended that the registered trademark owners use their registered trademarks. Long roads must be taken if the trademark rights is removed because it is not in use but the owner still wants the trademark rights.
13
Cohen, Dorothy. "Trademark Strategy." Journal of Marketing 50, no. 1 (January 1986): 61–74. http://dx.doi.org/10.1177/002224298605000106.
Full textAbstract:
Traditionally, trademarks are viewed from the legal perspective, and the responsibility for important trademark decisions rests with top management. Court interpretations, emerging regulatory directions, and proposed legislation have encouraged the extension of trademark strategy in many marketing activities; however, they have also placed limitations on trademark rights and uses. Marketers have the opportunity to develop a strategic orientation for top management decision making by devising an effective trademark strategy. Successful formulation and implementation of this strategy requires that marketers become aware of the legal opportunities and limitations in the use of trademarks.
14
Krylepova, A. O. "Features of Extraterritorial Protection of Trademarks." Actual Problems of Russian Law 16, no. 10 (November 20, 2021): 73–83. http://dx.doi.org/10.17803/1994-1471.2021.131.10.073-083.
Full textAbstract:
The paper examines the phenomenon of extraterritoriality in the legal protection of trademarks. The author highlights the signs of extraterritorial regulation of relations related to the protection of trademark rights, namely, signs of national extraterritorial regulation and signs inherent in international legal models of legal protection of trademarks, such as legal protection of well-known trademarks, legal protection of trademarks that have received an international registration, regional integration models of legal protection of a trademark (trademarks of the EU, EAEU, etc.). As a common feature for all extraterritorial mechanisms, the author proposes to single out the principle of priority of trademarks. For the mechanism of protection of a trademark that has received an international registration and for regional models of trademark protection, the author singles out the need for all the patent offices of all states where protection is sought to approve an application form for the trademark registration and the existence of uniform norms common to all parties to an international agreement. The author of the paper does not exclude the possibility of overcoming the territorial principle and reducing possible infringements in the field of trademark protection.
15
Donandi S., Sujana, and Pandu Adi Cakranegara. "The Implementation of Well-Known Trademarks Doctrine in Indonesian Commercial and Supreme Court." Fiat Justisia: Jurnal Ilmu Hukum 15, no. 2 (April 7, 2021): 159–82. http://dx.doi.org/10.25041/fiatjustisia.v15no2.2016.
Full textAbstract:
The implementation of well-known trademark in indonesia is still unsatisfying especially for foreign trademarks since many foreign trademarks that claimed themselves as well-known trademarks were not admitted for the trademarks were not yet registered or based on judges assessment, not fulfilling the criteria. This research aim is to analyse the implementation of well-known trademarks doctrine in Indonesian commercial and supreme court. The method used is normative-juridical with statute and case study approach. The result shows that the commercial and supreme court have used the criteria of well-known trademarks as stipulated in Law no. 20 Year 2016 and Permenkumham no. 67 Year 2016 as well as WIPO Joint Recommendation in identifying a well-known trademark. However, the implementation is inconsistent. it is inconsistent because in one case (STARCO case), court prior to the first to file principle while in other case (Alexander Mcqueen case), court admit the trademark as a well-known trademark though it is not registered yet. The second case is coherence with the well-known trademark doctrine which the idea to protect a high reputed trademark even it is not registered. Secondly, the emptiness of the detailed criteria has made the judgement on well-known trademarks becomes widely opened for interpretation. Thus, the next convention and regulation must set aside the first to file principle and prior to the criteria only in identifying a well-known trademark. Moreover, the criteria of minimum number of registration or application should be revised by requiring the trademark to be registered or applied in at least 6 out of 10 countries with the biggest population in the world so that it is proven that the trademark is exist among the most world population. In addition, the standard level of legal enforcement must entail minimum two verdicts so that the enforcement has obtained a re-confirmation.
16
Muzakki, Moch Alfi, Kholis Roisah, and Rahandy Rizki Prananda. "LEGAL POLITICAL OF WELL-KNOWN TRADEMARK PROTECTION REVIEWED FROM DEVELOPMENT OF TRADEMARK LAW IN INDONESIA TO AVOID FRAUDULENT COMPETITION." LAW REFORM 14, no. 2 (September 29, 2018): 176. http://dx.doi.org/10.14710/lr.v14i2.20865.
Full textAbstract:
The achievement of a Trademark in order to become famous is not an easy job, the obstacle of building a Trademark into a well-known trademark is a factor that encourages the emergence of fraudulent competition that is detrimental to others. The Issuance of Law No. 20 of 2016 concerning Trademarks and Geographical Indications is deemed unable to accommodate fraudulent competition. This study aims to examine the law politics of famous Trademark protection in terms of the development of Trademark law in Indonesia and to compare the protection of famous Trademarks in Indonesia with other countries to avoid fraudulent competition in the use Trademarks. This study is applied a normative juridical approach. The results of the study show that even though Indonesia has made amendment toward Trademark Law (UUM) 5 times, there is no specific definition of a well-known brand within Indonesia. Indonesia does not yet have arrangements regarding fraudulent competition in the brand, even though Indonesia has anti-competition laws, but fraudulent competition in Indonesia does not use it as a legal basis.Keywords: Trademark; Well-Known Trademark; Fraudulent Competition.
17
Dwisvimiar, Inge, and Deshinta Elfira. "Merancang Konsep Standar Pemeriksaan Substantif Merek: Belajar dari Kasus Merek M&G." Jurnal Hukum Ius Quia Iustum 31, no. 1 (January 1, 2024): 151–78. http://dx.doi.org/10.20885/iustum.vol31.iss1.art7.
Full textAbstract:
Law number 20 of 2016 on Trademark and Geographical Indication provided for trademark examination, but in the M&G case, a difference in trademark examination resulted in the development of two identical trademarks. The study's questions are, firstly, how did the Directorate General of Intellectual Property (DGIP) conduct trademark examination in the case of M&G for the protection of trademark law, and secondly, how does the standard concept of trademark examination lead to the renewal of trademark law in Indonesia. The research is normative-juridical, with a case study approach, a statutory approach, and a conceptual approach. Techniques for collecting data for a document study and qualitative descriptive analysis. The results show that the Directorate General of Intellectual Property (DGIP) implemented trademark examination in accordance with Law number 20 of 2016 on Trademark and Geographical Indication, namely normatively through the stages of administrative/ formality checks and substantive examinations. In the case of M&G, two common trademarks have been granted, as a result of a substantiating standard examination in Indonesia. The standard approach to trademark examination considered the legal, sociological, and philosophical aspects. The existence of this standard may be used to force the renewal of law number 20 of 2016 on trademarks and geographical indications.
18
Babakulov, Zafar. "ISSUES OF DETERMINATION OF THE LEGAL STATUS OF TRADEMARKS." Jurisprudence 2, no. 3 (July 19, 2022): 88–98. http://dx.doi.org/10.51788/tsul.jurisprudence.2.3./eyom9740.
Full textAbstract:
The legal status of trademarks comes into attention in the sphere of the production of goods as a means of individualization. The legal status of a trademark owner is also particularly important in order to determine the status of a trademark. It is the owner of the trademark, who determines the fate of the trademark. In other cases, such as civil contractual relations, or the use of trademarks by way of unfair competition, the legal status of a trademark becomes a unique subject of regulation. A trademark, as a means of individualization, determines the belonging of a specific type of product to a particular owner. However, the current laws regulating the use of trademarks do not specifically define issues of its status. It is worth pointing that some norms of the laws contradict each other. Additionally, it is impossible to apply a legal analogy while determining the procedure for the use of trademarks in contractual relations. This article is aimed to analyze relevant provisions of the legislative acts regulating the issues of determination of the legal status of trademarks followed by providing suggestions on the improvement and unification of the current legislation.
19
Dwisvimiar, Inge, and Ibnu Fahrur Althofa. "Analysis of Trademark Cancellation for The Protection of The First Registrant's Trademark: BIOAQUA Study." Pandecta Research Law Journal 17, no. 2 (December 30, 2022): 295–306. http://dx.doi.org/10.15294/pandecta.v17i2.40118.
Full textAbstract:
Due to the cancellation of the BIOAQUA case in Decision Number: 618 K/Pdt.Sus-HKI/2020, the plaintiff did not receive the legal protection that he deserved. The study’s goal is to examine the legal protection afforded to the first trademark registration applicant in the BIOAQUA trademark case, followed by an examination of the judge’s decision to cancel the BIOAQUA trademark. This study is normative and legal in nature. The research strategy is a case study approach. The data source is secondary data, and the data analysis is qualitative. The findings revealed that in the case of the BIOAQUA trademark, legal protection is provided to the first applicant of trademark registration against the defendant. Because the judge considers the same as the authority under Article 3 of Law No. 20 of 2016 concerning Trademarks and Geographical Indications, the plaintiff is not considered the first registrant. The judge’s consideration in the BIOAQUA trademark cancellation case is based on Articles 76 and 77 of Trademarks and Geographical Indications Law No. 20 of 2016. The judge considers the content of Article 76, namely that cancellation can be made against registered trademarks, but because the element of good faith cannot be proven, the defendant’s trademark is not cancelled, and the legal effect of this is that the defendant’s BIOAQUA trademark is protected by registered trademarks.
20
Silaban, Kenjiro, Fivienrencya Anggriany, and Freddy Gunawan. "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)." JURNAL MERCATORIA 17, no. 1 (June 29, 2024): 10–20. http://dx.doi.org/10.31289/mercatoria.v17i1.11324.
Full textAbstract:
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.
21
Widiatmika, Rai, A. A. A. Ngr Sri Rahayu Gorda, I. Gede Agus Kurniawan, and Syed Muhammad Huzaif. "The Problems Related to Potential Trademark Rights Infringement: Construction in Inclusive Legal Perspective on Unregistered Marks." Jurnal Dinamika Hukum 23, no. 3 (September 30, 2023): 499. http://dx.doi.org/10.20884/1.jdh.2023.23.3.3724.
Full textAbstract:
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.
22
Imayani, Imayani, M. T. Marbun, and Riana Wulandari Ananto. "Legal Protection for Registered Trademark Holders Against Trademark Infringement." International Journal of Research and Innovation in Social Science VIII, no. I (2024): 638–50. http://dx.doi.org/10.47772/ijriss.2024.801049.
Full textAbstract:
In the era of development aligned with international conventions, the role of brands has become crucial in maintaining business competition and must comply with existing trademark regulations. Legislation regarding trademarks in Indonesia has undergone numerous changes to adapt to the needs and developments of the times, starting with Law No. 14 of 1997 concerning Trademarks, amended by Law No. 15 of 2001 concerning Trademarks, and most recently, Law No. 20 of 2016 concerning Trademarks and Geographical Indications. For consumers, a brand not only facilitates identification but also serves as a symbol of self-esteem. Individuals accustomed to choosing products from a particular brand tend to continue using that brand for various reasons, such as familiarity, trustworthiness, product quality, and more. Thus, the function of a brand as a guarantee of quality becomes increasingly evident, especially concerning reputable products. This research adopts a normative juridical research approach. The findings of this study indicate that legal protection for trademarks is granted, whether foreign or local, famous or not, only to registered trademarks. Therefore, every brand owner is encouraged to register their trademark with the Directorate General of Intellectual Property Rights to obtain legal protection for their brand. Legal protection based on the first-to-file principle is provided to registered trademark holders with ‘good faith’ both in a preventive and repressive manner. Considerations by the judge in deciding trademark infringement cases, as in Decision Number: 1349 K/Pdt.Sus-HKI/2022, are as follows: The plaintiff alleges ownership of the ERG trademark (ERG logo) with Registration Number IDM000540156, dated March 8, 2014, in class 25 to protect footwear and apparel products. The naming of ERG is based on the plaintiff’s idea to design and develop ergonomic products. Therefore, the translation information in the intellectual property database for the ERG trademark is ergonomic fashion products. The plaintiff claims that the defendants have infringed the trademark by using the ERG mark, which is substantially or entirely identical to the plaintiff’s ERG mark, Registration Number IDM000540156 owned by Mr. Muhamad Adi Mulya Pranata without rights and unlawfully
23
SARI, Onur, and Pelin ATİLA YÖRÜK. "PUTTING THE TRADEMARK AS CAPITAL IN THE ESTABLISHMENT OF JOINT STOCK COMPANIES." Ankara Hacı Bayram Veli Üniversitesi Hukuk Fakültesi Dergisi 26, no. 3 (July 31, 2022): 0. http://dx.doi.org/10.34246/ahbvuhfd.1130108.
Full textAbstract:
A trademark is an intellectual property right consisting of distinguishable signs. The businesses can promote their products and services with the brand, gain distinctiveness and show the source of the product and service. The partners of the incorporation can also put the trademark in the company as capital. The trademark which put as capital is valued by various methods by the experts selected by the court. The value of the trademark resulting from the valuation will be included in the main contract as capital. Trademarks can be registered or unregistered. Both registered and unregistered trademarks could be put as capital. However, the value of brands is dynamic and volatile. In addition, trademarks can be void or cancelled. These points should be taken into consideration while making trademark valuation.
24
Sultimova, E. B. "Non-Conventional Trademarks: Classification and Features of International Legal Protection." Actual Problems of Russian Law 17, no. 9 (August 23, 2022): 112–24. http://dx.doi.org/10.17803/1994-1471.2022.142.9.112-124.
Full textAbstract:
The paper is devoted to the types and issues of non-conventional trademark protection. In order to understand the reasons for the emergence of such a category as a ‘non-conventional trademark’, the author studies the history of trademark development. The author examines the provisions of the main international treaties providing for trademark protection. The paper pays particular attention to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Singapore Treaty on the Law of Trademarks 2006, which is the first international treaty to explicitly extend its scope to non-conventional trademarks. The paper considers one of the main problems in the registration of non-conventional trademarks related to the form of their submission for registration. Finally, the author makes a conclusion about the need to improve international legal regulation in order to unify approaches to non-conventional trademarks and ensure non-conventional trademark protection in the world.
25
Sagung Laksmi Dewi, Anak Agung, Ni Made Dwi Ari Cahyani, and Ni Made Sukaryati Karma. "Perlindungan Hukum Bagi Pemegang Merek Terhadap Pemalsuan Merek Fashion." Jurnal Konstruksi Hukum 2, no. 1 (March 1, 2021): 175–79. http://dx.doi.org/10.22225/jkh.2.1.2990.175-179.
Full textAbstract:
Trademark as one manifestation of intellectual property has an important role for the smooth and increased trade in goods and services in the trade of goods and investment. As for the problems in writing this thesis, What about legal protection for trademark
holders against falsification of fashion brand violations? This research uses normative research methods. Another name for normative law is doctrinal law research, also referred to as document library research or document study. This study uses a statutory and conceptual approach. Existing legal protection also applies to trademark holders as protection provided to legal subjects in the form of both preventive and repressive legal instruments. Settlement of legal violations of registered trademarks, is in Article 83 paragraph (3) of Law Number 20 of 2016 Regarding Trademarks and Geographical Indications which use the Commercial Court channel as an institution to resolve trademark disputes, infringement of wellknown marks can be resolved through legal channels civil and criminal law lines. Legal remedies for trademark rights against Fashion Zara brand product offenses can file Civil and Criminal Lawsuits for damages and also proceed in a commercial court in accordance with the provisions stipulated in article 83 of Act No. 20 of 2016 concerning Trademarks and Geographical Indications. The suggestion is to socialize the importance of registering trademarks for legal protection to trademark holders so that trademark owners will increase their awareness to register trademarks used.
26
Prananingtyas, Paramita. "Development and Challenges of Using Trademark Rights as Intangible Assets in Bankruptcy Assets in Indonesia." Pandecta Research Law Journal 17, no. 2 (December 30, 2022): 287–94. http://dx.doi.org/10.15294/pandecta.v17i2.40130.
Full textAbstract:
Intellectual property rights in the form of trademarks rights are company assets that have economic value. In its development, trademark rights can become part of the debtor’s bankruptcy estate in a bankruptcy. However, in its implementation there are challenges in the use of trademark rights as bankrupt assets in order to pay off the debts of the bankrupt debtor. This study aims to determine the development of the use of trademark rights as bankrupt assets and analyze the challenges of trademarks execution as assets of bankrupt debtors. This research is a normative legal research using a statutory approach and a conceptual approach. The results showed that a trademark as a type of object, related to the bankruptcy process, is a type of object that can be used as part of assets in the process of paying debts to creditors, because intangible assets that have economic value and trademark rights can be transferred handing over their rights to other parties is part of the bankruptcy estate. The challenges faced in the use of trademark rights as bankrupt assets are related to trademark valuation, protection status and the validity period of trademark protection, as well as related to disputes over trademarks with third parties.
27
Gultom, Hosiana Daniel Adrian, Ellora Sukardi, and Serlly Waileruny. "Kajian Terhadap Hak Eksklusif Atas Jingle Dari Perspektif Hak Cipta Dan Merek." Ajudikasi : Jurnal Ilmu Hukum 5, no. 2 (December 25, 2021): 135–50. http://dx.doi.org/10.30656/ajudikasi.v5i2.3978.
Full textAbstract:
Jingle is included in the category of creation in the form of songs or music under copyright law and is included in the type of sound mark in trademark law. Therefor there is a double legal protection for the jingle, namely copyright and trademark. Copyright law protection uses a declarative system while trademark law protection uses a constitutive system. In copyright law and trademark law there are exclusive rights, namely rights granted by the state to the rightful owner. Exclusive rights in copyright are moral rights and economic rights while exclusive rights in trademarks are called trademark rights. With the existence of moral rights and economic rights in the context of copyright law and rights to trademarks in the context of trademark law, various privileges arise for the owner of the jingle. These features are reviewed by the author in this paper with the aim that the jingle owner can understand the moral rights and economic rights in the copyright law system and the rights to trademarks in the trademark legal system that are related to the jingle in a precise and comprehensive manner.
28
Chen, Ming, and Xiaohai Liu. "Bad faith filings in the Chinese Trademark Law: evolution, status quo and improvements." Queen Mary Journal of Intellectual Property 10, no. 3 (September 15, 2020): 306–20. http://dx.doi.org/10.4337/qmjip.2020.03.02.
Full textAbstract:
Bad faith trademark filings are a serious problem in China. During the fourth revision of the Chinese Trademark Law in 2019, bad faith filings without the intention to use the trademark was added as an absolute ground, with the aim that the Chinese Trademark Law can cope with the bad faith filings problem more effectively. Nevertheless, compared with the EU trademark system, the bad faith filing in the Chinese Trademark Law is not an absolute autonomous ground. Different kinds of bad faith filings are regulated by different clauses respectively. Some trademarks filed in bad faith can only be dealt with by relative grounds and cannot be invalidated after five years of their registrations. In order to deter malicious registration, bad faith filings per se should be introduced into the Chinese Trademark Law as an autonomous absolute ground. Trademarks filed in bad faith should be invalidated at any time.
29
Onyilo, Abounu Peter. "Repositioning the Trademark Registration and Opposition Proceedings in Nigeria for Greater Efficiency: A Call for Legislative Intervention." ABUAD Law Journal 8, no. 1 (June 30, 2020): 17–39. http://dx.doi.org/10.53982/alj.2020.0801.02-j.
Full textAbstract:
In the world of increasing globalization and the aggressive growth of the creative economy, the importance of intellectual property (IP) to ensure freedom of fair competition and respect for honesty in trade cannot be overemphasized. Trademarks are important components of the IP system which have strong influence on investment and marketing decisions. Protected trademarks are granted monopolies by government and enforced by the courts in favor of merchants who reserve them. Save in exceptional circumstances, trademarks are protected through registration. The Nigeria Trademark Act makes provisions for guidelines and procedure for the registration of trademarks and opposition thereto. However, it is doubtful if the Nigeria Trademark Act and its Regulations made almost six decades ago are still in conformity with the global trends in trademark registration and opposition proceedings. Therefore, this work seeks to examine trademark registration and opposition in Nigeria in the light of practical realities with a view to suggest ways for improved effectiveness and efficiency. The paper adopted doctrinal research approach. The main sources of information and data collection for this study were the relevant statutes, case laws, textbooks, articles and the internet. The work found that it is imperative to improve trademark registration and opposition proceedings in Nigeria in consonance with the universal trends in trademark practice and administration. The paper recommended inter alia, for the amendment of the Trademark Act and Regulations with a view to establishing a full-fledged trademark tribunal with its composition, powers, finances and administration for expedited opposition hearing process.
30
Rodrigo, Valencia, Thomas Abbon, and Edward M. L. Panjaitan. "Tinjauan Yuridis Sistem First To File Terhadap Pendaftaran Merek Citayam Fashion Week Menurut Undang-Undang Nomor 20 Tahun 2016 Tentang Merek Dan Indikasi Geografis." Honeste Vivere 34, no. 1 (January 27, 2024): 1–15. http://dx.doi.org/10.55809/hv.v34i1.258.
Full textAbstract:
The registration of Citayam Fashion Week trademark rights in mid-2022 by famous artist Baim Wong triggered a public reaction that considered him as immoral, because it was considered that he was not the one who popularized the Citayam Fashion Week brand. The purpose of this article is to examine who is entitled to the Citayam Fashion Week trademark according to law number 20 of 2016 concerning trademarks and geographical indications,and whether the registration made by Baim Wong has been in accordance with the provisions of the first to file system stipulated in the Trademark Law. The results of the this article are based on the Trademark Act, the subject entitled to the trademark is the subject who first registered the trademark rights to the Ministry of law and human rights without violating the provisions of the trademark can not be registered and the trademark must be rejected. Baim Wong's actions in registering the Citayam Fashion Week trademark are in accordance with the provisions of the first registrant system or First to file, and do not violate the provisions of the trademark cannot be registered and rejected as stipulated in Law Number 20 of 2016 Trademarks and Geographical Indications, and therefore although Baim Wong is morally unfit but because the trademark law does not recognize the term moral, then Baim Wong is entitled to register the Citayam Fashion Week trademark.
31
Li, Lan. "A Study on the Application of the Income Approach in Trademark Asset Valuation." BCP Business & Management 50 (September 22, 2023): 320–24. http://dx.doi.org/10.54691/bcpbm.v50i.5620.
Full textAbstract:
The purpose of trademark asset evaluation is to provide trademark owners or potential owners with an effective method based on the real market to determine the value of trademark assets. Currently, evaluation agencies calculate the expected profits of trademark assets in different periods based on the share of trademark licensing fees in company revenue. However, this forecasting method is evidently not rigorous enough. This article focuses on the expected income under the income approach and introduces uncertainty in future income forecasts. Firstly, the factors influencing the value of trademarks and service benefits are analyzed, and a multi-level indicator framework for measuring trademark and service benefits is developed. Secondly, the primary indicators in the indicator system are defined as the standard level, and assets such as patents, trademarks, and distribution networks are defined as the solution level. A weighted indicator analysis system is established to separate trademark asset income from product and service income.
32
Shuju, FU. "Music Trademark: New Development of Intellectual Property in Digital Economy." World Journal of Social Science Research 9, no. 2 (June 1, 2022): p64. http://dx.doi.org/10.22158/wjssr.v9n2p64.
Full textAbstract:
With the vigorous development of digital economy, the enterprise must pay more attention to the Internet instead of totally the traditional way, and new types of trademarks, especially music trademark, can attract the attention of consumers more than traditional trademarks. But situation is different in different countries and international organization. This paper takes China and the European Union as the research objects, and observes the specific standards in the practical operation of registering new trademarks such as music trademarks both in China and in the European Union through studying a large number of cases and analyzing local laws in comparative study. In China, a music that wants to be registered as a trademark needs to have at least three requirements: legitimacy, distinctive and long-term and heavy use. EU and its member states have different requirements for whether a music is allowed to be registered as a trademark. When member states want to make their own trademark law according to the EU law, they have their own domestic practices and customs of the member states so they finally formed the different trademark legal system from each other. However, music is now generally accepted as a registered trademark in the European Union.
33
ZHAN, QIAN. "The International Registration of Non-traditional Trademarks: Compliance with the TRIPS Agreement and the Paris Convention." World Trade Review 16, no. 1 (October 10, 2016): 111–40. http://dx.doi.org/10.1017/s1474745616000392.
Full textAbstract:
AbstractContemporary international trademark law is subject to a dynamic process. As communication and marketing strategies steadily evolve, enterprises seek to develop non-traditional signs as trademarks in international trade. Since non-traditional trademarks have received broad protection among WTO Members, the international registration of non-traditional trademarks has raised certain questions. This article focuses on issues of the registration of non-traditional trademarks from an international perspective. With a brief introduction to the new category of trademarks, Section 2 discusses whether non-traditional signs can constitute trademarks by analyzing the trademark definition that is stipulated in Article 15.1 of the TRIPS Agreement and introduces the current status of the legal protection afforded to non-traditional trademarks under the domestic trademark legislations in WTO Member states. Section 3 presents an in-depth analysis of Article 6quinquies of the Paris Convention and aims to address the significance of Article 6quinquies with regard to the international registration of non-traditional trademarks by comparing the essential difference between the two modes of international registration of trademarks. The conclusion provides strategical suggestions and practical guidance for both trademark applicants and competent authorities of WTO Members.
34
Susanto, Maurend Benaya Immanuel, Gunardi Lie, and Moody Rizqy Syailendra Putra. "Legal Analysis of the IKEA Trademark Removal Dispute Case (Study of Decision Number 165 PK/Pdt.Sus/2012)." QISTINA: Jurnal Multidisiplin Indonesia 2, no. 1 (June 1, 2023): 563–66. http://dx.doi.org/10.57235/qistina.v2i1.537.
Full textAbstract:
Brands have an important function for their owners, especially in the era of global trade. Trademarks provide an indication of the origin and quality of the goods or services traded. Trademark owners have the exclusive right to authorize or prohibit others from using the same or similar trademarks as theirs. Indonesia uses a constitutive registration system, in which exclusive rights are given to registered marks. Trademark applicants may not register the same mark as another well-known trademark. Registered trademark must be used. Trademark cancellation is carried out when the brand has not been used for three consecutive years. In general, trademark revocation occurs when a mark is not used in trade in goods and services. If the former owner still wants the same trademark rights, he/she must apply for trademark registration and go through the entire registration procedure. If the other party applies for the mark first, the old owner can object. If this effort fails, he can submit an annulment to the Commercial Court, cassation, and review.
35
Mukhtar, Sohaib, Zinatul Ashiqin Zainol, and Sufian Jusoh. "Civil Procedure of Trademark Enforcement in Pakistan: A Comparative Analysis with Malaysia and USA." Journal of Asian Research 3, no. 2 (April 3, 2019): 95. http://dx.doi.org/10.22158/jar.v3n2p95.
Full textAbstract:
<em>Civil procedure of trademark enforcement runs in Pakistan under Trade Marks Ordinance 2001, Code of Civil Procedure 1908 and Specific Relief Act 1877. Trademark is one of the components of Intellectual Property Law, it is a mark, name, sign, smell or a sound which distinguishes goods and services of one undertaking from goods and services of other undertakings. It is required to be distinctiveness and non-descriptive, it losses its distinctiveness when owner of registered trademark does not take prompt action against its infringement. The registered trademark owner may file civil suit against infringement of his registered trademark before the concerned District Court of Law for claiming damages and obtaining injunctions. The Trademark Registry works under Intellectual Property Organization of Pakistan (IPO-Pakistan) for registration and protection of trademarks in Pakistan. Similarly, Intellectual Property Corporation of Malaysia (MyIPO) is empowered agency of trademark registration and its protection in Malaysia. The United States Patent and Trademark Office (USPTO) is responsible for registration and protection of trademarks in United States of America (USA). Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement) is the only International Treaty which contains exhaustive provisions on trademark enforcement includes civil procedure, administrative procedure, criminal procedure, provisional and border measures. Important civil procedure of trademark enforcement issues need to be clarified in trademark law of Pakistan includes trademark infringement, trademark dilution and rectification of trademark register. This article is comparative analysis of civil procedure of trademark enforcement in Pakistan, Malaysia and USA.</em>
36
Trixie, Ivana, and Urbaniasi Urbaniasi. "Use of Similar Trademarks According to Law Number 20 of 2016 Concerning Trademarks and Geographical Indications (Case Study of Supreme Court Decision Number 162K/Pdt.Sus-HKI/2021)." AURELIA: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia 2, no. 2 (July 4, 2023): 1156–61. http://dx.doi.org/10.57235/aurelia.v2i2.643.
Full textAbstract:
In this modern era, people's creativity is growing rapidly, this has led to the birth of innovative products. To be able to distinguish these products are usually called trademarks. The research method used is juridical-normative and literature approach. Trademarks are the essence of the smooth trading of goods or services. In accordance with the trademark system in Indonesia according to the National Legal Development Agency (BPHN), namely the first to file principle system, meaning that the owner of a trademark license registers his trademark with the Director General of Intellectual Property Rights first. Regulations regarding these trademarks are stipulated by the Indonesian government with the aim of avoiding similarities between products in circulation. However, there are still many disputes regarding similar trademarks, and settlement of trademark disputes can be carried out if the licensee files a lawsuit against the Commercial Court. Another alternative in dispute resolution is arbitration.
37
Yumay, Abel, Ichwan Setiawan, and I. Gusti Agung Ngurah. "Study of the Role of the Police in Violating Criminal Acts Trademarks by Trading Goods without the Permission of the Registered Brand Owner." HUMANIORUM 1, no. 03 (July 15, 2023): 95–98. http://dx.doi.org/10.37010/hmr.v1i03.20.
Full textAbstract:
Unlike copyrights, trademarks must first be registered in the General Trademark Register. This is useful so that every producer, entrepreneur, or trader can be legally protected with respect to trademark rights over their goods. Trademark Law Number 15 of 2001, which requires the mark to be registered. If the trademark has been registered legally, in the event of a violation of the rights to the mark, the legal owner or rights holder can file a claim by taking legal action as stated in Article 76 of the Law on Marks and Trademarks 20 (2016) concerning geographical indications. Indeed, the protection of brand rights for brand owners in Indonesia has recently decreased. In fact, trademark infringement is still common. Well-known trademarks are generally inseparable from intellectual property rights violations, such as counterfeiting, imitation, and reputational carpooling. This journal uses normative legal research methods. Legal writing is research that examines legal materials, positive legal provisions, legal principles, and legal doctrine in order to answer the legal issues at hand. The problem approach used is the statutory approach. The technique of tracing legal materials uses a literature study technique as well as an analysis of the study using qualitative analysis.Based on the research results, the authors can conclude that their rights still have protection against criminal acts of trademark infringement. Likewise, the police also play a fundamental role in dealing with criminal acts of trademark infringement by trading goods without the permission of the registered trademark owner. There are three types of police handling of trademark infringement: pre-emptive, preventive, and repressive measures.
38
Sujatmiko, Agung. "PARALLEL IMPORTS IN TRADEMARKS." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 25, no. 3 (March 31, 2014): 544. http://dx.doi.org/10.22146/jmh.16076.
Full textAbstract:
According to Article 3 of Act Number 15 of 2001 on Trademark, the exclusive nature of trademark rights legalizes monopoly. Based on this exclusivity, the right holders of trademarks can decide when and where they can first introduce a trademarked product to the market. This right is known as a distribution right. Once marketed however, the right holder cannot prevent their trademarked product being imported outside of the initial chosen market (exhaustion of rights). Menurut Pasal 3 UU Nomor 15 Tahun 2001 tentang Merek, bahwa hak atas merek bersifat khusus. Hak tersebut bersifat monopoli. Berdasarkan hak eksklusifnya, pemegang hak merek dapat memutuskan kapan dan dimana dia akan meletakkan produk yang terkait dengan kreasi intelektualnya di pasaran untuk pertama kalinya. Hal itu dinamakan hak distribusi. Manakala telah diputuskan pemasarannya, maka yang bersangkutan tidak dapat mencegah produk kreasi intelektualnya itu diimpor diluar wilayah pemasaran yang telah dipilihnya pertama kali (exhaustion right).
39
Madi, Ramzi. "Cancellation of the Trademark that Constitutes a Geographical Indication: A Study of Jordanian Law." Business Law Review 31, Issue 11 (November 1, 2010): 246–51. http://dx.doi.org/10.54648/bula2010051.
Full textAbstract:
A trademark may constitute a geographical indication and this will result in a conflict between the protection of trademarks and geographical indications. In this article, I will discuss the cancellation of a trademark that constitutes a geographical indication. Trademarks in Jordan can be cancelled through Trademark Law or the Geographical Indications Law. However, there are several differences between the cases of cancellation under the Trademark Law and the Geographical Indications Law. These will be discussed in this article, especially as both Laws have special requirements regarding the persons who are entitled to file the application of cancellation, its grounds, submission period and the application process.
40
Gheoculescu, Amelia, and Andrei Soare. "TRADEMARK - PROTECTIVE ELEMENT OF INTELLECTUAL PROPERTY RIGHTS." Valahia University Law Study 42, no. 2 (February 23, 2024): 47–56. http://dx.doi.org/10.53373/vuls.2023.42.2.036.
Full textAbstract:
At EU level, the legal framework for trademarks coexists with national systems harmonized through the Trademarks Directive [Directive (EU) 2015/2436 of 16 December 2015]. In addition to the national way, other possible ways for trademark protection in the EU are the Benelux way, the EU trademark, introduced in 1994, and the international way. Regulation (EU) 2017/1001 of 14 June 2017 on the European Union trade mark codifies and replaces all previous EC regulations on the EU trademark. The codification was done for reasons of clarity, given that the EU trade mark system had already been substantially amended several times. The EU trademark has a unitary character and equal effect throughout the EU. The European Union Intellectual Property Office (EUIPO) is responsible for managing the EU trademark and EU designs.
41
Chapagai, Rishi Ram. "Economic Perspectives of Trademarks." Saptagandaki Journal 9 (August 26, 2018): 73–83. http://dx.doi.org/10.3126/sj.v9i0.20882.
Full textAbstract:
Primarily, this paper examines the role of trademark in global economy, as an intellectual property the value of trademark and brand in the global marketplace, and the economic potentiality of trademarks to generate more value and surplus in the economy. This paper also discusses the contribution of the trademarks for creating brand and value of business enterprises. The article is basically conceptual and descriptive in nature. Based on the literature review, the purposes of this paper are; to assess the perceived value of a trademark and brand, to examine the trademark roles for creating brand and value and to understand the impact of trademark on economy.The article deals with trademark and its economic perspectives. This article is valuable to understand the value of trademark in marketplace. The article helps academicians and practitioner to know the concept of trademark as an intellectual property and to understand that it can be used by market economy to generate more income, value, and surplus in the economy. The economic perspective of trademark can be applicable to many segments of Nepalese business context; ranging from manufacturing to service sector and importantly for the entrepreneurship development. Finally, the article is recommending for further empirical research study to examine the impact of trademark protection system for the countries’ economic growth. The Sapta Gandaki JournalVol. IX, 2018 Feb. Page: 73-83
42
Scassa, Teresa. "Trademarks Worth a Thousand Words : Freedom of Expression and the Use of the Trademarks of Others." Les Cahiers de droit 53, no. 4 (November 16, 2012): 877–907. http://dx.doi.org/10.7202/1013011ar.
Full textAbstract:
Trademarks play an important role in facilitating critical speech in an increasingly corporate capitalist society. Not only do they serve as markers for expressive content on the Internet, they can also be used as vehicles for the communication of critical messages about the trademark owner or its products or services. In this paper, the author examines the implicit balance in the Trade-marks Act between freedom of expression values and trademark rights, and argues that it is being significantly altered by the contemporary push for greater trademark protection. The author identifies specific problems that emerge from Canadian case law relating to freedom of expression and trademark law. These include the treatment by courts of intellectual property rights as private property rights, inattention to the trademark/copyright overlap, the troublesome distinction between commercial and non-commercial uses, and the phenomenon of trademark bullying. The author argues for a sharp evolution in Canadian case law that would establish clear parameters for critical speech using trademarks.
43
Feng, Yiteng. "Analysis of the Advantages of Trademark Registration Offer Compared with Relying on Unfair Competition or Passing-off to Enforce Rights over Trademarks." Advances in Economics, Management and Political Sciences 71, no. 1 (January 18, 2024): 23–28. http://dx.doi.org/10.54254/2754-1169/71/20241277.
Full textAbstract:
Compared with relying solely on unfair competition or trademark infringement to maintain brand rights, trademark registration has obvious advantages. It provides statutory protection, ensuring that the rights of trademark owners are guaranteed by law. This registration also grants the exclusive right to use the mark, preventing others from using similar marks that may cause confusion. One of its most important benefits is the presumption of validity in court, thereby putting the onus on the challenger to prove otherwise. Once a trademark is registered, it is protected nationwide, regardless of where it is first used. In the event of infringement, a registered trademark can secure greater damages, potentially deterring illegal use. The enforcement procedure for registered trademarks is more streamlined, which facilitates faster resolution of issues. Registration can be a springboard for international expansion, allowing businesses to register trademarks in other countries more seamlessly. Essentially, for businesses keen to maintain their brand reputation and image, trademark registration is a better choice due to its comprehensive advantages.
44
Anand, Jahnavi. "Trademark Disputes And Role Of Arbitration." Asia Pacific Law & Policy Review 08 (2022): 01–07. http://dx.doi.org/10.55662/aplpr.2022.801.
Full textAbstract:
Tangible assets have been considered an essential resource for the growth of a business and were given utmost importance all over the world. Until the time the importance of intangible assets came into existence. It took over a decade or two to realize the importance of intangible assets and ultimately it led to the development of intellectual property laws. Intellectual properties in simple terms reflect any property, which is created with the person’s intellect that is to say; through a person’s mind. Intellectual Properties include Trademarks, Copyrights, Patents, Trade Secrets etc… Trademarks are a form of intellectual property. Trademarks are marks, that business entities use to differentiate goods or services from other existing businesses in the market. These marks include any word, symbols, phrases or insignia. There can be trademarks as well as service marks. Trademarks are used for the purpose of goods and service marks are used for the services provided by the various business houses or entities. Trademark disputes are disputes involving disputes or rivalry between various trademarks Trademark Dispute can be of various types. Disputes in registration of a Trademark, licensing of a Trademark or Trademark infringement, cybersquatting or domain name dispute. Arbitration has extended its jurisdiction toward the resolution of disputes involving trademarks due to the considerable growth in the Intellectual Property Sector. Various countries across the globe, including India, have started working towards their Intellectual Properties and made various laws, which govern them. However, with the growth in Intellectual Property, there has also been a spike in the Disputes relating to these. “Arbitration- Mediation” resolution method has been an aid in the resolution of intellectual property disputes. Still, no hard and fast rules have been made to date. The introduction of arbitration in the resolution of trademark disputes or IPR disputes will be an aid in lessening the burden on courts.
45
Zhu, Xinyu. "The Importance of Maintaining Trademark Anti-Dilution Protection." Advances in Economics, Management and Political Sciences 74, no. 1 (April 17, 2024): 50–55. http://dx.doi.org/10.54254/2754-1169/74/20241478.
Full textAbstract:
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.
46
Nwabueze, Caroline Joëlle. "Challenges of Transnational Trademark Law Practice: The Case of Nigerian Companies’ Brands in OAPI States." Revue générale de droit 45, no. 1 (July 8, 2015): 321–47. http://dx.doi.org/10.7202/1032041ar.
Full textAbstract:
Nigeria industrial growth has turned the country into an indispensable economic support for its neighbours. Only for the case of Cameroon, Nigeria has been the leading supplier with respectively 22% and 17.8% of imports in 2011 and 2012 with trade amounting to 328 billion FCFA per annum. This results in part from Nigerian companies’ exportations in local markets. Nigerian trademarks related to cosmetics, furniture, electronics, and pharmaceutical goods abound in neighbouring countries. However, a strengthening of Nigerian companies in regional markets encompasses strategies to avoid infringing on the trademark rights. Such strategies should include the consideration of special trademarks features by different institutions of the intellectual property (IP) system in the relevant neighbour export markets. This is by the mere fact that the legal status of those goods, although physical property, relies mainly on the material law applicable, which is trademark in the present case. Because the principle of territoriality requires that trademark protection be sought in the place where the goods are sold—and trademark applications filed in each country in which protection is sought—, Nigerian companies planning to outsource some business activity in neighbour markets will seek compliance with trademarks norms applicable in the Organisation africaine de la propriété intellectuelle (OAPI) of which those countries—Benin, Cameroon, Chad, and Guinea—are part. The trade partnership between companies from a common law trademark background on one hand, and civil law intellectual property community on the other, inevitably raises some frictions and trademarks issues. This article analyses the trademark challenges arising from Nigerian companies’ business decision to enter OAPI markets and export goods and services. The article firstly underlines the issues to be taken into consideration, including registration and enforcement of the companies’ marks in OAPI. Then the paper simultaneously reviews the dissimilarities issues between the Nigerian Trademark Act and the OAPI Trademark System to which the Nigerian companies are confronted. If trademark protection makes it easier for an enterprise to access transnational markets, the establishment of a Trademark Community with neighbouring countries helps for sure national industries to establish partnerships with other firms for sustainable development in the areas such as production, marketing, distribution or delivery of goods and services. In light of the trademark harmonisation in the European Union internal market, the present paper concludes by recommending the creation of a Trademark Community in the West and Central African region between Nigeria and its neighbouring countries.
47
Kunoy, Bjørn. "What's in a name that which we call a rose by any other name would smell as sweet? Reflections on ECJ's Trade Mark Case Law." German Law Journal 8, no. 6 (June 1, 2007): 635–55. http://dx.doi.org/10.1017/s2071832200005824.
Full textAbstract:
Shakespeare's famed citation “What's in a name? That which we call a rose by any other name would smell as sweet” may be one of the most used quotations in contemporary literature. It serves to provide guidance in reviewing ones assessment of new perspectives on a given topic. The implications of the quotation induce the reader to feel concordant with the assumption that whatever name a given phenomenon is accorded, it is of little importance because the objects are similar and hence there is no reason to emphasise a peripheral and meaningless concept such as a name and the idea which it embraces. By contrast, intellectual property rights, and therein trademark law, is conceptually based on the assumption that a verbal mark, figure or colour of a given good or service need to be protected since these immaterial notions give rise to patrimonial rights conferred to the owner of the registered trademark. A well known slogan or figurative mark is capable of having significant commercial value as demonstrated in the recent dispute between Apple and Cisco concerning the right of the former to use the trademark iPhone. However, it is important to note that the essential raison d'ětre of trademark law is not only to confer patrimonial rights to a legal or natural person and thus prevent an abusive use by a third party, but essentially to guarantee the origin of goods or services to the consumer and hence enable him, without any danger of confusion, to distinguish the goods or services from others which have another origin. Having said that it should also be noted that traditional trademark theory is perceived on the assumption that trademarks serve to minimize the likelihood of consumer confusion and prohibits the use of a trademark with regard to competing or similar goods only. However the “dilution theory” challenges this approach to trademark law as it also disseminates the postulate to prohibit the use of certain famous and/or characteristic trademarks on non-competing goods on the ground that such use dilutes and possibly erodes a given trademark's commercial value and its hold on the consumer.
48
Agriansyah, Herdi. "Rejection of Application for Registration of Trademark Payfazz Agen Keuangan Nusantara Based on Law Number 20 Year 2016: Penolakan Permohonan Pendaftaran Merek Dagang Payfazz Agen Keuangan Nusantara Berdasarkan Undang-Undang Nomor 20 Tahun 2016." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 6, no. 2 (June 6, 2024): 1853–65. http://dx.doi.org/10.47467/as.v6i2.6741.
Full textAbstract:
The principle of trademark registration in Indonesia is first to file, i.e. who first registers his trademark is considered as the owner or holder of rights to the trademark. Trademark registration should not be based on bad faith, because in Law Number 20 of 2016 concerning Trademarks and Geographical Indications, the application for trademark registration must be rejected. The purpose of this study is to determine the refusal of the application for registration of the Payfazz Agen Keuangan Nusantara trademark based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications in Decision Number 25/Pdt.Sus-Merek/2020/Pn.Niaga.Jkt.Pst and to determine the legal consequences of the refusal of the application for registration of the Payfazz Agen Keuangan Nusantara trademark based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications in Decision Number 25/Pdt.Sus-Merek/2020/Pn.Niaga.Jkt.Pst. This research uses a normative juridical approach method with analytical descriptive research specifications. The data collection method is done by literature study, the data obtained is presented with narrative text, and the data analysis method used is qualitative normative method. The results of the research can be concluded that the refusal of the application for registration of the mark “PAYFAZZ AGENT FINANCIAL OBLIGATIONS NUSANTARA‘’ which was rejected by the Defendant was appropriate in accordance with the provisions of Article 21 paragraph (1) letter b of Law Number 20 of 2016 concerning Trademarks and Geographical Indications and the legal consequences of the refusal of registration of the mark ‘PAYFAZZ AGENT FINANCIAL OBLIGATIONS NUSANTARA’' is that the Plaintiff has lost the right, interests, and benefits under the law arising from the Trademark ''PAYFAZZ OBLIGATORY FINANCIAL AGENT NUSANTARA'', and has suffered immaterial losses because the problems with the registration of the Trademark ''PAYFAZZ OBLIGATORY FINANCIAL AGENT NUSANTARA'' took up a lot of time, costs, energy, and thoughts of the Plaintiff, because the Defendant erred in applying the applicable law.
49
Ahmad, Awara Azad. "The Impact of Registration of a Single Color as a Trademark on Unfair Competition." Journal of University of Human Development 6, no. 1 (February 19, 2020): 27. http://dx.doi.org/10.21928/juhd.v6n1y2020.pp27-34.
Full textAbstract:
The application for registration of non-traditional signs as trademarks has been increasing over the last two decades. “Single Color” is one of those non-traditional signs which has been applied for, especially in the U.K and U.S.A. Similarly, the Iraqi Trademark Law has allowed registration of colors as a trademark. However, the case law argues whether a single color may satisfy the requirements for registration of a trademark. On the other hand, the risks of color exhaustion and the anticompetitive effects of color monopolies are the main concerns on allowing the registration of single color trademarks. Therefore, protection of such trademarks from unfair competition might be difficult.
50
Minchenko, Nataliia. "Types of infractions of trademark property rights. Аnalysis of judicial practice." Theory and Practice of Intellectual Property, no. 6 (December 27, 2021): 68–76. http://dx.doi.org/10.33731/62021.249016.
Full textAbstract:
Keywords: Property rights to the trademark, infractions of property rights, judicialpractice, protection of trademark rights, invalidation of the trademark certificate,early termination of the certificate
The relevance of this article is that the largest number of legaldisputes in the sphere of intellectual property is disputes concerning violation of propertyrights for trademarks. The article examined the theoretical provisions of propertyrights for trademarks, as well as practical issues of violations of these rights. Specialattention is paid to the analysis of judicial practice concerning protection of rightsto trademarks. The categories of the mentioned cases have been highlighted and discussedin detail, statistical data and decisions have been made. It has been found thatthe overwhelming number of cases investigated concerns recognition of the Ukrainiantrademark certificate as invalid.The court cases on protection of rights to trademarks can be divided into severalcategories according to the claim requirements:1) On the recognition of the Ukrainian trademark certificate as invalid in whole orin part (for all or part of goods and/or services);2) On termination of infringement of intellectual property rights on the trademarkand obligation to take certain actions;3) On early termination of the Ukrainian trademark certificate in whole or in part(for all or part of goods and/or services);4) Other court cases. For example, the recognition of the non-legal patent ofUkraine for industrial design due to violation of rights for the registered trademark.The article contains detailed consideration of the mentioned categories of casesand statistical data about them.The analysis of judicial practice made it possible to establish the following statisticaldata: cases of invalidation of a trademark certificate are 47 %; cases on termination of infringementof rights to the trademark are 25 %; cases on early termination of the trademarkcertificate are 25 %; other cases on protection of rights to trademarks make 3 %.In addition, the analysis of court practice allowed to establish that 75 % of courtcases concerning protection of rights to trademarks are decided to satisfy the claim infull or in part.