Trademark Registration: Understanding the Distinction Between Standard Character Mark and Stylised Mark

Counterfeiting is a problem many companies do not want to acknowledge or talk about. However, ignoring the problem is likely to have the effect of encouraging counterfeiters to go unchecked. A multilayered strategy that adopts several approaches and engages the entire organization is needed to address the counterfeiting problem. This chapter provides a set of recommendations to address the issue of counterfeiting. Initially, the size of the problem must be estimated and the return on investment approximated. This can help define the need for a team of experts to work in this area, leading to a set of performance metrics that are aligned with business objectives and outcomes. Next, the key focal product segments should be targeted and a system for identifying products through product trademark registration with customs authorities should be completed. In the end, combating counterfeiting is not a supply chain problem, it is not a legal problem, nor is it a packaging and covert marking problem. It is a global problem—one that impacts all organizations, large and small. All business functions need to be part of the discussion, not just a single brand security function. Failure to approach counterfeiting in this manner will simply allow the problem to continue to grow.

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Moderating Role of Connoisseur Consumers on Sustainable Consumption and Dynamics Capabilities of Indonesian Single Origin Coffee Shops

Sustainability ◽

10.3390/su11051319 ◽

2019 ◽

Vol 11 (5) ◽

pp. 1319 ◽

Cited By ~ 2

Author(s):

Mangku Purnomo ◽

Pardamean Daulay ◽

Medea Utomo ◽

Sugeng Riyanto

Keyword(s):

Value Chain ◽

Sustainable Consumption ◽

Coffee Consumption ◽

Single Origin ◽

Depth Interview ◽

Revenue Structure ◽

Coffee Shops ◽

Moderating Role ◽

Standard Character

Between agro-food products, coffee is the first commodity to quarrel in ethical attributes and sustainability issues such as fair trade, premium prices, as well as justified value chain issues. Taking into account the growing coffee consumption in Indonesia, this article tries to prove connoisseur consumers (CCs) are moderating the sustainable consumption and dynamics capabilities (DCs) of single origin coffee shops (SOCSs). An in-depth interview to 30 SOCS managers and 60 baristas and a survey to 450 consumers found that there are significant correlations between connoisseurs attributes such as the depth of a barista’s knowledge of coffee, the barista’s skills, the shop image, the coffee variation, the barista’s communication skills, and the serving techniques and that they have a relationship with an increase in the number of consumers. The existence of CCs has encouraged the practice of consumption sustainability of SOCSs and moderates SOCSs to improve sensing, seizing, and transforming shop management to stand against the competition. Based on the above findings, more in-depth research on the standard character and number of CCs is needed as well as their contribution to the revenue structure of SOCSs. Meanwhile, connoisseur customers’ support is capable of helping the SOCSs in improving their DCs to improve the sustainable consumption of Indonesian single origin coffee in the future.

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KELEMAHAN UNDANG-UNDANG MEREK DALAM HAL PENDAFTARAN MEREK (Studi Atas Putusan Sengketa Merek Pierre Cardn)

Jurnal Privat Law ◽

10.20961/privat.v5i2.19398 ◽

2017 ◽

Vol 5 (2) ◽

pp. 84

Author(s):

Karlina Perdana ◽

Pujiyono ,

Keyword(s):

Research Methods ◽

Geographical Indications ◽

Legal Research ◽

Trademark Registration ◽

Brand Understanding

Abstract This legal research examines the weakness of Act No. 20 of 2016 on Marks and Geographical Indications, as until now there is still a knockoff brands that passed trademark registration in Indonesia. This research uses doctrinal or normative prescriptive research methods. Results of this study is the absence of the requirements and there are multiple interpretations of the philosophy of the brand famous brand understanding and similarity in principle or in its entirety.Keyword: Trademark registration, weakness of Act Abstrak Penulisan hukum ini mengkaji mengenai kelemahan Undang-Undang Nomor 20 Tahun 2016 tentang Merek dan Indikasi Geografis sebagaimana sampai sekarang ini masih terdapat merek-merek tiruan yang lolos pendaftaran merek di Indonesia. Penulisan ini menggunakan metode penelitian doktrinal atau normatif yang bersifat preskriptif. Hasil penelitian ini adalah tidak adanya persyaratan filosofi merek dan terdapat multitafsir pemahaman merek terkenal dan persamaan pada pokoknya atau keseluruhannya.Kata kunci: pendaftaran merek, kelemahan UU

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Income-Related Biases in International Trade: What Do Trademark Registration Data Tell Us?

Review of World Economics ◽

10.1007/s10290-005-0016-x ◽

2005 ◽

Vol 141 (1) ◽

pp. 79-103 ◽

Cited By ~ 13

Author(s):

Carsten Fink ◽

Beata Smarzynska Javorcik ◽

Mariana Spatareanu

Keyword(s):

International Trade ◽

Registration Data ◽

Trademark Registration

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Passing Off yang Dilakukan Oleh Pihak yang Beritikad Tidak Baik Melalui Pemakaian Nama Perseroan Terbatas

Jurnal Yustika: Media Hukum dan Keadilan ◽

10.24123/yustika.v23i02.4094 ◽

2020 ◽

Vol 23 (02) ◽

pp. 100-118

Author(s):

Kimham Pentakosta ◽

Elly Hernawati

Keyword(s):

Government Regulation ◽

Limited Liability ◽

Limited Liability Company ◽

Bad Faith ◽

Passing Off ◽

Directorate General ◽

Trademark Registration ◽

The Republic ◽

The Government ◽

Legal Administration

This paper focuses on the similarity of functions between Trademarks and Limited Liability Company Name, namely quality assurance function, which enables both to provide a guarantee on the reputation of goods and/or services offered to the consumer. Such similarity of functions between those two different legal terminology opens a loophole for any party, based on bad faith, to conduct passing off towards a registered trademarks owned by another party through the use of a limited liability company name. This paper shows the urgency of a harmonization and integration between the mechanism of applying for Trademark registration and the submission of the name of a limited liability company in Indonesia. Therefore, this paper will examine and criticize the laws and regulations relating to the two terminology above, inter alia the Law Number 20 of 2016 regarding Trademarks and Geographical Indications and the Government Regulation Number 43 of 2011 regarding Procedures for Filing and Use of Limited Liability Company Name. This paper concludes that the government of the Republic of Indonesia must immediately amend the regulation on the requirements for submitting the name of a limited liability company, by requiring the Directorate General of General Legal Administration to reject the name of a limited liability company that uses a name that has been registered as a brand by another party.

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Problematika Hak Kekayaan Intelektual Di Bidang Merek Bagi Pelaku Usaha Mikro Kecil Menegah

UIR LAW REVIEW ◽

10.25299/uirlrev.2021.vol5(2).7168 ◽

2021 ◽

Vol 5 (2) ◽

pp. 42-56

Author(s):

Zulfikri Toguan

Keyword(s):

Intellectual Property Rights ◽

Research Method ◽

Community Organization ◽

Legal Protection ◽

Geographical Indications ◽

Legal Research ◽

Protection Measures ◽

Library Research ◽

Trademark Registration ◽

The Government

Legal protection for a mark of a place or origin of MSMEs can be done by first registering the mark to obtain legal force. In this case the Office/Agency/Community Organization assists by facilitating MSMEs in terms of socialization and assistance for trademark registration. Law Number 20 of 2016 concerning Marks and Geographical Indications provides improvements to previous laws, especially regarding preventive protection measures, namely registration procedures and registration fees. Brands produced by Indonesian MSMEs can help increase competitiveness in the development of new products. This research is normative or library research method, namely legal research carried out by reviewing and researching library materials in the form of primary legal materials and secondary legal materials. This study concludes: First, the problems in the protection of intellectual property rights in the field of branding for MSME products are due to the understanding of MSME actors on brand rights is still low/shallow so that MSME actors do not register the brand of MSME products. Second, efforts to provide brand protection to the MSME industry are by registering MSME brands and the government makes it easy for MSME industry players to register trademarks.

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The right of publicity in Chinese Law? A comment on the Michael Jeffrey Jordan case and comparative analysis with the US, UK, Germany, and the Asia Pacific

Queen Mary Journal of Intellectual Property ◽

10.4337/qmjip.2020.04.02 ◽

2020 ◽

Vol 10 (4) ◽

pp. 441-460

Author(s):

Chenguo Zhang ◽

◽

Keyword(s):

Comparative Analysis ◽

Civil Law ◽

Mainland China ◽

Asia Pacific ◽

Foreign Companies ◽

Right Of Publicity ◽

Unfair Competition Law ◽

The Us ◽

Trademark Registration ◽

The Right

In Michael Jeffery Jordan v Chinese Trademark Review and Adjudication Board, the Supreme People's Court (SPC) set a precedent for foreign companies and celebrities enforcing their rights of publicity against malicious trademark registration in China. This article introduces the legal grounds of the SPC's deliberations on Jordan's claims and responds to the critiques of most Chinese commentators in the field of civil law. Deeply influenced by German law, mainland China's legal system strictly distinguishes between personality rights and property rights. Comparative analysis with the US, Germany, Japan, and Hong Kong indicates that different legal civilizations have developed different approaches to position the right of publicity logically in their legal systems. The Jordan decision indicates that the ‘right of the name’ is a prior right provided in Article 32 of the Trademark Law of the PRC. This article contends that the ‘right of the name’ as provided in the Chinese Anti-Unfair Competition Law differs from the ‘right of the name’ articulated in Article 110 of the General Principles of Civil Law (2017). The former concerns the commercial interest and property aspects of a celebrity's name, which is fairly similar to the right of publicity, while the latter regards the personality right. The further development of the right of publicity protection relies in mainland China on a consistent judicial practice.

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