scholarly journals AKIBAT HUKUM PEMBATALAN PENDAFTARAN MEREK TERHADAP HAK PENERIMA LISENSI MEREK MENURUT UU NO. 15 TAHUN 2001

2011 ◽  
Vol 11 (3) ◽  
Author(s):  
Agus Mardianto
Keyword(s):  
Trade Mark ◽  
License Agreement ◽  
Exclusive Right ◽  
Basic Similarity ◽  
Trade Mark Registration ◽  
Quality Guarantee

Trade globalization has made trade mark becomes very important, especially in relation to a fair business competition. A trade mark is a sign that functions as a distinguished from those of others, quality guarantee and source of origin.  Owner of a trade mark registered reserves exclusive right to use that trade mark for a period of time or may grant permission to other parties to use the trade mark.  Permission to other parties should be given through a letter of agreement for permission to use (not transfer of ownership) that trade mark for a certain period of time, and this is accordingly called licence.  Registration of a trade mark in the general list of trade mark can be cancelled upon request with an argument that the trade mark has a basic similarity with a previously registered trade mark, or the registration was made for cruel intention.  This paper discusses licence and cancellation of a trademark, as well as the consequences of trade mark cancellation for the licensee. Cancellation of a trade mark registration results in termination of a trade mark license agreement, but the licensee may reserve his right until the completion of agreement period.Key words : exclusive right, license agreement, licensee

Canada (‘.ca’)

2015 ◽  
Author(s):  
Eric Macramalla
Keyword(s):  
Common Law ◽  
Trade Mark ◽  
Prima Facie ◽  
Third Parties ◽  
Trade Marks ◽  
The Public ◽  
Public Record ◽  
Exclusive Right ◽  
Trade Mark Registration

Traders need not register their trade-marks to enjoy proprietary rights in their marks, as trade-marks may also enjoy common law protection. However, there are substantial benefits to seeking a trade-mark registration in Canada. A registration provides the owner with the exclusive right to use the mark in association with the related goods or services across Canada, is prima facie evidence of ownership in Canada, and serves as a means to deter third parties from adopting similar marks by virtue of their existence on the public record. In contrast, the rights possessed by the owner of an unregistered trade-mark are limited to where the owner has managed to establish a reputation.

37. Absolute grounds for refusal

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
Public Policy ◽  
Trade Mark ◽  
The European Union ◽  
Bad Faith ◽  
Trade Marks ◽  
The Public ◽  
The Absolute ◽  
Definition Of ◽  
Absolute Grounds For Refusal ◽  
Trade Mark Registration

This chapter examines the ‘absolute’ grounds for refusing to register a trade mark as set out in section 3 of the Trade Marks Act 1994, Article 3 of the Trade Marks Directive, and Article 7 of the European Union Trade Mark Regulation (EUTMR). It first looks at the reasons for denying an application for trade mark registration before analysing the absolute grounds for refusal, which can be grouped into three general categories: whether the sign falls within the statutory definition of a trade mark found in sections 1(1) and 3(1)(a) and (2) of the Trade Marks Act 1994; whether trade marks are non-distinctive, descriptive, and generic; and whether trade marks are contrary to public policy or morality, likely to deceive the public, prohibited by law, or if the application was made in bad faith. Provisions for specially protected emblems are also considered.

scholarly journals Paying the Price for Admission

2018 ◽  
pp. 59-88
Author(s):  
Dev S. Gangjee
Keyword(s):  
Trade Mark ◽  
Patent Law ◽  
Trademark Law ◽  
Relevant Today ◽  
Trade Mark Law ◽  
Color Spectrum ◽  
Prosecution History Estoppel ◽  
Trade Mark Registration

This chapter makes the case for joined-up thinking when approaching non-traditional signs in trade mark law. Trade mark registration has moved from up-front exclusions for certain categories of signs (no shapes, no colours) toward incremental acceptance. However the policy concerns generated by the grant of legal monopolies in such signs remain equally relevant today. The grant of an abstract color mark to one trader closes off a part of the color spectrum to others. Can we therefore allow such signs in to the system while successfully managing the tensions this generates? The approach advocated here is that we should correlate the mark as characterized at the time of registration—agreeably modest in its scope and ambitions—with the mark as deployed in an enforcement context, where it otherwise tends to be read more generously. The doctrine of prosecution history estoppel in patent law may have valuable lessons for trademark law.

35. Trade mark registration

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Trade Mark ◽  
The European Union ◽  
Trade Marks ◽  
The Uk ◽  
Trade Mark Registration ◽  
The Eu

This chapter focuses on the process of registration for trade marks in the UK, the European Union, and other countries. It begins by explaining the differences in procedures and documentation needed in filing trade mark applications at the national, regional, and international levels. The role of the European Union Intellectual Property Office (EUIPO) in processing applications in the EU is considered, along with the international filing systems established under the 1891 Madrid Agreement and the 1989 Madrid Protocol. The chapter concludes by presenting possible avenues through which to acquire trade mark protection. It briefly considers the possible impacts of Brexit.

6. Trade Marks I

2017 ◽  
Author(s):  
Tanya Aplin ◽  
Jennifer Davis
Keyword(s):  
Trade Mark ◽  
The European Union ◽  
Trade Marks ◽  
The Public ◽  
The Subject ◽  
Substantive Law ◽  
The Relationship ◽  
Absolute Grounds For Refusal ◽  
Trade Mark Registration ◽  
Domestic Case

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the main justifications for the protection of registered trade marks. It considers the substantive law relating to the subject matter of registration as set out in the Trade Marks Directive (2016) and its predecessor. It looks at which signs will be registered as well as the absolute grounds for refusal of registration and at the Court of Justice of the European Union and domestic case law interpreting these grounds. The practicalities of the trade mark registration process both domestically and internationally are also considered. The chapter then looks at the relationship between registered marks and the public domain.

scholarly journals The possibility of colour registration per se

2014 ◽  
pp. 81-99
Author(s):  
Maria Miguel Carvalho
Keyword(s):  
Case Law ◽  
Trade Mark ◽  
General Interest ◽  
Great Length ◽  
The European Union ◽  
Community Law ◽  
Current State ◽  
Court Of Justice ◽  
Per Se ◽  
Trade Mark Registration

The admissibility of colour registration per se has been discussed at great length. In opposition to this possibility, the valuation of the general interest in not unduly restricting the availability of colours for other operators in the market («depletion theory»), has been invoked, among other things. Nevertheless, in the current state of Community law the answer to this possibility seems to be affirmative, after the requirements of trade mark registration have been met. In this study we focused briefly on the main issues that arise in this area, in light of the Court of Justice of the European Union case law.

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