Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022)

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Use of “Similar” Criteria in the Legal Protection of Trademarks of Services

Authors
R. Murjiyanto1, *, Invida Dewi Amrih Suci1, Devi Andani1, Erna Sri Wibawati1
1University of Janabadra, Yogyakarta, Indonesia
*Corresponding author. Email: rmurjiyanto@janabadra.ac.id
Corresponding Author
R. Murjiyanto
Available Online 19 April 2023.
DOI
10.2991/978-2-38476-024-4_4How to use a DOI?
Keywords
Criteria; Legal protection; Brand
Abstract

The study aim is to discover the “similar” criteria that have been used to determine the occurrence of trademark infringement of traded goods or services, as well as the efforts that can be made in the event of a loss due to infringement between various trademarks or services. The Trademark Law establishes that legal protection for trademarks is provided between similar goods or services. Even though, there are no clear standard for judging if an item or service is similar. This research uses the normative method by conducting a qualitative method of documents in the form of legislation and related case decisions. The topic results show that, first, the criteria between the goods or services are considered similar, namely the existence of similarities or relationships and very close attachments in their designation or use; secondly, in the event of a loss due to a violation between different Marks of Goods or Services, legal remedies can be pursued based on the existence of bad ethics. Actions should be taken so that clear criteria regarding similar understandings are will provide to determine the occurrence of trademark infringement in order to provide legal certainty in case settlement.

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 Law, Economics, and Health (ICLEH 2022)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
19 April 2023
ISBN
978-2-38476-024-4
ISSN
2352-5398
DOI
10.2991/978-2-38476-024-4_4How 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  - R. Murjiyanto
AU  - Invida Dewi Amrih Suci
AU  - Devi Andani
AU  - Erna Sri Wibawati
PY  - 2023
DA  - 2023/04/19
TI  - Use of “Similar” Criteria in the Legal Protection of Trademarks of Services
BT  - Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022)
PB  - Atlantis Press
SP  - 22
EP  - 31
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-024-4_4
DO  - 10.2991/978-2-38476-024-4_4
ID  - Murjiyanto2023
ER  -