CHAPTER I INTRODTJCTION
1.1 Reason for Choosing the Title 'frademark
.law is generally focused on the need for consumer protection. Consequently, trademark law traditionally concerned itself with situations where an unauthonzed party sold goods that are directly competitive: with or at least related to those sold by the trademark owner. Flowever, in mally jurisdictions the concept of dilution has developed recently to protect trademarks as a property right, securing the investment the trademark owner has nrade in establishing and prornoting a strong mark.
A trademark is diluted when the use of similar or identical trademarks in other non competing markets means that the trademark in and of itself will lose it:; capacity to signifu a single source. tn
1t$r lorfs unlike ordinary traderrrarl,l law, dilusion protection extends to trademark uses that do not confi,ne consumers regarding who has made a product. Instead, dilusion protectiolt law :r-ms Lo protect sufficiently strong tradenrarks from loosing their singular a-csociation in the public mind with a particular product perhaps imagirreC if the tra<lemark were to be encountered independently of any product. (http ://,vww.wikipedia.com)
right to prepare derivative works, the right to distribute copies to the public and the right to publicly display the work.
'Ihe
owner:ship and associated rights are said to pertain not to an idea itself , which mrtst remain circulating in the market place, but to the trademark holder's particular. expressicn of idea in a copyrighted work, which he/ she protects.
A common defense to claims of copyright infringement is that of "fair use". Under this regulation, if a defendant can show that its use of protected work was tbr non commercial purposes, that the work was unpublished, that is primarily informative rather than creative in nature, that a relatively small portion of' the work was used, and/or that the used did not diminish the potential market for, or value of, the protect work, the defendant may be able to avoid liability.
'frademark
is the nanower body of law that confers ownership of a distinctive name or other symbol associate.t' *itf, ut p*tirular product or business, ffid the trademark used to identify and distinguish the product or business in the market place. Use of another's trademark may subject a defendant a liability if the use is likely to cause confusion or mistake rrrr,)rlg, or outright deception of, the public rrs to the origin of the goods or senzices at issue.
l'hcrclilrc. tltc itp;tlit'lutt slrtttrltl crtclose a statclrrcnt writtctl ulx)n scirlcd l)irl)(r' irnd signed by thc applicant, stating that the proposed trademark bclonlls tti hinr/her. '['hen the olficial copy of lawful body establishment certificate or its copy that has been l.ttuli;red by a notary, if the applicant is a lawlul botly is submitted. Next the statement contpol;\-od by the applicant or related institutiorr. stating that the tradeimark proposed foe extension is still used is alstl attached. 'l'hereli;re
irt order to sccure thc registcred tradernark and the tradcrnirrk tlrat ir has had patent in laws, once in every l0 years after the request of tradcnrark registrati()n. tllL' applicartt'have to renew of trademark and The applic:ant is obliged to conducl tlre extension of trademark at the Industrial Olliccr t>l' Central Java I'rovirrcc.
In this glohatliz.ation era, economy accompanied by ttre rapicl development of'techrtttltlgy has caused impact.s on the tight compctitigl apcl also the rapid changcs occurring in business environment. 'l'his also happcns to the increase of Industrial business competition in lhntral-Java. 1-otlay Industrial products of Central Java compete with the products from fbreign ountries. And the businessmen should take the reality that the rapid lechnological developmcnt has caused the production f'acilities bc...,),ri,,. quickly obsolete. circrulation period of products becgmes shorter and plrlit margin becomes lowcr in executing developmental processes of lndustries and Tradc.
'l'hose
sittratittns are the reality that should b€ facetl and als6 ld be the cort.sideration determining in every policy of IntJustries
'l'rading
I)eveloprncnt. 'l'ogether wittr thc rapid developrneltl ol'inlilrrrtatiott and technology, theretbre the Industrial Office of the Central Java Province has a ma.ior role in thc' process ol' trading globalization; therelirrc. tltc lndustrial Ollicc is thc rnaximunr sai'ety agent ol' tradcmarks liottr Ilrc possibility ol'irrc:gutar cornpetition of the prtlducts that do not ltavc pittcrtt '.
'l'he
fndustrial Offrce of the Central Java Province is institution protecting the prrldrrcts that rvill be nrarketecl. If then the prtlcluets ilrc rrnrke:tcd using particrrlar tradcrnarks that havc bcen patcrrtcd/rcgisl,cred, therefbre there is a nec:errity to protect the marketed products to avoicl various ections that agains'. thc law (such as, tbrgery/imitation).
'I'he
above description shorvs that the role of the Industrial Ofllce' of the Central Java Proviticc is very important for the continuation of prr:duction
ivities be'cituse thc Industrial Office of Central Java Province is pnrtcctccl a lawful bo*ly.
llusct! on thc ::tatcmcnt abovc the writer il"ii.t.'i't(i= chirosc " l'lrc ure of lssuing l'rademark at Industrial office of Central Java l)rovince" the topic of her final assignment.
nt of thc l)roblem
I'he problcm of this paper is:
1.3 Objeclivc of thc Study' 'l'lrc
ob.f cctiv': oi'this study paper is to describe the procedurc ol'issuirrg trademark at Industrial Office of Central Java Province.
1.4 Significance of the Study
.'l'he signilicance of'this study is: l. for the w'riter
'['o
improve tlrcr knowledge of the writer about the real issuing rll' l n r r l c r n i r r k i r r th c in s t i t r i t i o n
2. lirr thc lnstitution 'l'o
get .iome input that is uset'ul fbr the procedure of issuing tradenrlrk at Industrial Office of Central .Iava Province.
J . fbr the university 'l'his
psper can be used to study the procedure .lava l)rovincc.
DATE
i t'cr,.u*f ztioii---
-lmplcmentation of the Study -l'he
stucly was cottducted fbra rnonth (fiont | --28 February 200ti). Ihc acrivitics that writer did during the study are:
NO
as a relbrence especially for the student whtl rvants of issuing trademark at [ndugtrial ,Office. ol'Central
ACTIVITIES
Writing the Recapitulation dircctory Industrial Office and irrputting data Inc<lming ancl Outgoing l.,cttcrs at Industrial Office.
Writing the data of ltecapitulation,
inputting
clata of Incoming and Outgoing Lett':rs at
the Industrial
OfIice.
Inputting data of Infesta.tion and kinds ol'the
lndustries.
Making data of Invitation
letters
lbr IIKI
Intcrllectual
l)a.tent
Right (l luk Kcku),ttrtrt
InteleHual,)
Seminar.
Typing the IKM (lndustri kecil mcncnguh)
Ilecapitulation
at lirdusiriaf
tltiic*.
AL
oI' tltcr
8 February
2008
9 - l0 February
2008
l3 ltchrt,ary ZfttX
l5 l;ebruarv
2008
14
-16 - l7 February
2008
| 8 - 20 l?ebruary 2008 | Counting of the Batik Industrics cosr. I
2 l
25
- 22 lrc'bnlary
l€b'*iJ;Joo
rua he Systern of documcntr,ti.r, I 'ial OIlicc.
data o *A Outl
ry 20
Searching Material for daily clipping about Industries.
28 Februarv
2008
Taking a leave and saying of ernployees and also the at lncltuhial Office.thank you to all
Department
head
1.6 Method of Data Collection
In this paper, the methods which were employed in this research are as follows:
l. Observation
According to Maranki (1989:53) observation is: "Pengumpulan data yqng dilql$unalcan dengan pengamatan secarq langsung dan pencatatan secara siste matis t erhadap gej ala fenomena yang aiyle(*i,-', (Jhe,1ata collection which is done by observing directly and recording systematically the place that will be observed,;, By using this method I observed directly the procedure of issuing trademark at Industrial Office of Central Java Province.
2. lnterview
Public Relation Department Staff about the procedure of issuing
trademark
at Industrial offrce of cenhal Java province.
Library Research
According to Maruuki (1977:2t) Library research is: ,,suqtu Metode
Pengumpulqn
data yang tliperoleh dari literalure-literatur / Bu,t,.;-ltuku
yang herhubungan
dengan
obyek
yang diteliti. "(The Method of Collecting
data which is obtained from literatures and books related to the object
observed),
By using this method I read and studied literature material
related
to the study.
1.7 Paper Organization
This paper is organized
as follows:
Chapter I: Introduction. This clrapter consists of reason for choosing
the title, statenrent
of the problem, objective of the study, signrficance
of the
sdy, irnplementation
of the study, method of'data ,.ff*ion and paper
organization.
Chapter
II: Literature Review. This chapter consists of the definition
of procedure, the definition of trademarh the definition of regishation
trademarl<'
kinds of trademarks, object of protection and violations and
sanctions.
'l'his
chapter consists oi history of industrial office of central java proviticc,
organizational structure, job description, the procedure of issuing tradcmark at
Industrial Office of Central Java Province
Clhapter IV: Conclusion and Suggestion. This chapter consists
