Pursuant to the Article 1 point 5 of Indonesian Law No. 20 of 2016 on Trademark and Geographical Indication, Trademark Right shall mean an exclusive right granted by the State to the owner of registered Mark for a certain period of time to exclusively use such Mark only for him/her or to grant license to other parties to use such Mark. Referring to the said meaning, the trademark owner has fully right of his/her trademark including to forbid other parties in using the trademark or the trademark which is considered having a similarity in essential or entirety to his/her trademark.
The meaning is also showing that as the owner of exclusive right of a trademark, the registered trademark owner may take any necessary legal action to maintain and enforce their right. This point was enforced by Hugo Boss Trademark Management GmbH & Co. KG as the owner of well-known trademark of HUGO BOSS to maintain existence and exclusivity of their trademarks which have been registered in various countries around the world. Carrying out this legal action by Hugo Boss Trademark Management GmbH & Co. KG is also intended to avoid other parties in taking benefits and hitchhiking the fame of HUGO BOSS trademark which may affect good reputation of Hugo Boss Trademark Management GmbH & Co. KG.
However, some people have not fully understood of importance and necessity in enforcing exclusive right of a trademark by the trademark owner, assuming that the taken legal action by Hugo Boss Trademark Management GmbH & Co. KG to other parties who deliberately and without good faith using the trademark which has a similarity in essential or entirety to the trademark HUGO BOSS constitutes a creativity restriction. In fact, as a form of protest of Hugo Boss Trademark Management GmbH & Co. KG legal action against the utilization and using HUGO BOSS trademark by other parties, a comedian in the United Kingdom who is deliberate and conscious changing his name formerly Joe Lycett become Hugo Boss to find out a reaction from HUGO BOSS trademark owner. The change of name has been officially recorded in the United Kingdom Government, proved with the legalization of Deed of Change of Name by the United Kingdom Court. Meanwhile, up to this time Hugo Boss Trademark Management GmbH & Co. KG has not considered to take legal action and prefer not to respond the protest.
Actually, the taken legal action by Hugo Boss Trademark Management GmbH & Co. KG is reasonable as well as a form of implementation and utilization of exclusive right attached to Hugo Boss Trademark Management GmbH & Co. KG as the owner of registered and well-known HUGO BOSS trademark. Furthermore, it also purposes to give education to public that having a trademark right is important and major to maintain existence and exclusivity of products.
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