Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)

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Inconsistency in Acceptance of Trademarks with Generic Words

Authors
Rr.Aline Gratika Nugrahani1, *
1IPR Study Center FH Trisakti Jakarta, Jakarta, Indonesia
*Corresponding author. Email: alinegratika98@gmail.com
Corresponding Author
Rr.Aline Gratika Nugrahani
Available Online 31 December 2023.
DOI
10.2991/978-2-38476-180-7_140How to use a DOI?
Keywords
Inconsistency; Trademark; Generic Words
Abstract

The generic words as a registered mark often become a dispute when it is used by another party. Court decided several decisions trademark lawsuit of general words. The trademark office reject it when it is applied to registration trademark system based upon the use of generic word. Ironically, there are many products with generic words, such as Kopitiam, Sederhana, Aqua to mention some. Certainly, this is an obstacle and detriment to trademark owners and entrepreneurs in running their business. In fact, Article 20 letter f of Law No. 20 of 2016 concerning Trademarks and Geographical Indications stipulates that generic word trademarks cannot be registered, so they cannot be monopolized by anybody. In other words, generic word can be used by anybody. For this reason, this study aims to find the causes of inconsistencies in trademark registration of generic words. This is a normative legal research. The results of the study show that there are different understanding of generic words according to trademark examiners. For this reason, special education is needed for trademark examiners.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
31 December 2023
ISBN
10.2991/978-2-38476-180-7_140
ISSN
2352-5398
DOI
10.2991/978-2-38476-180-7_140How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Rr.Aline Gratika Nugrahani
PY  - 2023
DA  - 2023/12/31
TI  - Inconsistency in Acceptance of Trademarks with Generic Words
BT  - Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
PB  - Atlantis Press
SP  - 1377
EP  - 1383
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-180-7_140
DO  - 10.2991/978-2-38476-180-7_140
ID  - Nugrahani2023
ER  -