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Tag Archives: Logo

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2 Clubs, 1 Logo – Expansion, Imitation, or Pure Coincidence? - AFFA IPR

2 Clubs, 1 Logo – Expansion, Imitation, or Pure Coincidence?

Intellectual Property, TrademarkBy AFFA IPRMarch 15, 2025

In football, a club’s visual identity, including its logo, is crucial in reflecting its history, values, and pride. But what happens when two clubs from different countries, separated by more than 1,300 kilometers, share the same logo? The case between Brighton & Hove Albion FC from England and NK Jadran-Galeb from Croatia is an intriguing example that highlights the importance of respecting logo originality and avoiding the impression of riding on another club’s popularity. The History of Brighton & Hove Albion’s Logo Brighton & Hove Albion FC was founded in 1901 and has undergone several logo changes since then. In 1977, the club adopted a logo featuring a seagull flying to the left and its nickname, “The Seagulls.” However, in 2011, the logo was updated to show the seagull flying to the right, enclosed in a blue circle with the words “BRIGHTON & HOVE ALBION.” This design remains in use today.   As a corporation, The Brighton and Hove Albion Football Club Limited registered this logo as a Trademark with the UK Intellectual Property Office (UKIPO), covering Nice Classes 6, 9, 14, 16, 18, 21, 24, 25, 28, 35, 36, 38, 41, and 43, officially registered since October 28, 2011. The Evolution of Brighton & Hove Albion’s Logo   The Emergence of NK Jadran-Galeb’s Seagull Logo   NK Jadran-Galeb is a football club based in Croatia. In 2001, two local clubs, NK Jadran (founded in 1947) and NK Galeb (founded in 1963), merged to form NK Jadran-Galeb. As a small club playing in the lowest tier of Croatian football, there is little information on when exactly the club started using a logo strikingly similar to Brighton & Hove Albion’s—featuring a seagull and nearly identical color schemes. The only visible difference was the club name on the logo.   Coincidence or Deliberate Inspiration?   The resemblance between the two logos raises the question: Did Brighton & Hove Albion’s logo directly inspire NK Jadran-Galeb, or was it purely coincidental? Given the level of similarity, many believe NK Jadran-Galeb intentionally took inspiration from Brighton’s design. Adding to the speculation, Jadran-Galeb is not a coastal city where seagulls are a prominent symbol.   The similarity came to public attention in late 2024, when NK Jadran-Galeb representatives visited Brighton & Hove Albion’s office in England and pointed out the resemblance between their logos. Strangely enough, instead of raising concerns, the Jadran-Galeb representatives requested donations of sports equipment, claiming they shared the same logo. However, rather than receiving donations, they were handed a cease-and-desist letter. NK Jadran-Galeb Squad 2024   Actions Taken by Both Parties   Upon realizing the striking similarity, Brighton & Hove Albion sent an official letter to NK Jadran-Galeb, requesting them to change their club logo and stop using it across all forms of public media, including their official website and promotional materials. Although there were no legal threats in the letter, Brighton’s firm request demonstrated their commitment to protecting their Trademark.   In response, NK Jadran-Galeb agreed to change their logo. The Croatian Football Federation also removed NK Jadran-Galeb’s old logo from its official website as a sign of respect for Brighton & Hove Albion’s Trademark rights.   As of January 30, 2025, NK Jadran-Galeb unveiled a new logo, still featuring a seagull, but now facing forward.   NK Jadran-Galeb’s New Logo   The case between Brighton & Hove Albion and NK Jadran-Galeb underscores the importance of respecting originality in logo design. A logo as a Trademark (not copyright) is more than just a visual symbol; it represents a club’s identity and values. Using a similar or copied design without permission can create the impression of exploiting another club’s popularity and may lead to legal disputes. Therefore, every club must ensure that its visual identity is unique and does not infringe upon another’s Trademark rights.   You might also want to read: Various Intellectual Properties in Football Should you need more information on Trademark protection in Indonesia and abroad, you can contact us via email at [email protected].

Logo Redesign: Is a New Trademark Registration Necessary in Indonesia? - AFFA IPR

Logo Redesign: Is a New Trademark Registration Necessary in Indonesia?

Intellectual Property, TrademarkBy AFFA IPRSeptember 21, 2024

Awareness of the importance of Trademark protection in Indonesia has steadily increased. Data from the Directorate General of Intellectual Property (DGIP) shows a significant rise in Trademark registration applications, with more than 120,000 applications submitted in 2023, marking an increase compared to previous years. This demonstrates that business owners increasingly recognize the importance of legally protecting their business identity, including through the registration of logos as mandated by Law No. 20 of 2016 on Trademarks and Geographical Indications (Trademark Law). By registering a logo, you gain Exclusive Rights to use and protect it from unauthorized use by others.   However, in practice, many business owners, due to budget constraints, choose to register their logo first without registering their business name. Problems arise when the business proliferates, trends shift, and the logo, considered less relevant, needs to be updated, even though its protection period has not yet expired, and it has not reached its 10-year mark.   The question then arises: Does a logo change require a new Trademark registration?   Legal Basis of a Logo as a Trademark   In the realm of Intellectual Property (IP) law in Indonesia, a logo holds the same importance as a name in Trademark registration. As outlined in Article 1 of the Trademark Law:   “A Trademark is a sign that can be graphically displayed in the form of images, logos, names, words, letters, numbers, color arrangements, in two-dimensional and/or three-dimensional forms, sounds, holograms, or combinations of two or more of these elements to distinguish goods and/or services produced by individuals or legal entities in the trade of goods and/or services.”   A logo, including its colors, fonts, and other visual elements that form part of a brand’s identity, is often the most easily recognizable aspect to consumers, making its protection essential.   Unregistered Logo Changes   Challenges arise when you decide to change your business logo. If the changes made are significant—such as changes to the shape, colors, or even the addition of new words—and the new logo is not re-registered as a Trademark, the legal protection granted to the old logo will not automatically apply to the new one. This means your new logo will not be legally protected, allowing anyone to replicate it without legal consequences, as the new logo is no longer bound by the Exclusive Rights previously granted to the old one. Even if the old logo’s protection is still valid or hasn’t expired within 10 years, it cannot be transferred to the new version of the logo.   Therefore, you must still submit a new Trademark application for the updated logo, which will be granted a separate 10-year protection period. However, it is important to note that the application for the new logo will still undergo an administrative and substantive examination process, where it will be compared with other previously registered logos. Hence, conducting a thorough search for your new logo is still a mandatory step.   Solutions for Budget Constraints   If your business has several unique aspects that you want consumers to recognize—such as a name, logo, three-dimensional shape, hologram, slogan, or even a jingle—the ideal approach is to register all of them as Trademarks. By doing so, you provide comprehensive protection, minimizing the possibility of others taking advantage of your brand’s popularity.   You might also want to read: Trademark Freeriding: Legal Risks & Solutions in Indonesia   Or if budget is an issue, at the very least, you should register your business name as the primary Trademark, followed by registering the logo as a Trademark. This way, if there is a logo change, your business name will still protect your existence from being used by others, while you prepare the budget to register your new logo. Should you need more information regarding Trademark registration for new logos in Indonesia or internationally, you can contact us via email: [email protected].

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