Research Article
Legal Aspect of Prohibition of Registering a Trademark Essentially Similar to the Registered Trademark
@INPROCEEDINGS{10.4108/eai.26-1-2019.2283211, author={F Y Sitepu and S L Andriati}, title={Legal Aspect of Prohibition of Registering a Trademark Essentially Similar to the Registered Trademark}, proceedings={The 1st Workshop on Multimedia Education, Learning, Assessment and its Implementation in Game and Gamification in conjunction with COMDEV 2018, Medan Indonesia, 26th January 2019, WOMELA-GG}, publisher={EAI}, proceedings_a={WOMELA-GG}, year={2019}, month={4}, keywords={trademark famous trademark essentially similar}, doi={10.4108/eai.26-1-2019.2283211} }- F Y Sitepu
S L Andriati
Year: 2019
Legal Aspect of Prohibition of Registering a Trademark Essentially Similar to the Registered Trademark
WOMELA-GG
EAI
DOI: 10.4108/eai.26-1-2019.2283211
Abstract
Trademark is one of the intellectual property rights developing rapidly in Indonesia, both viewed from the aspect of its regulation and from the community’s appreciation for it. The modes of violating a trademark has shifted, from furtive violations to blatantly falsifying or imitating famous and well reputable trademarks. However, such blatant violations are committed through applying for a trademark registration. This, therefore, has led to the increasing number of dispute cases over trademark cancellation lawsuits in Commercial Courts in various regions of Indonesia, due to the argument that the applied trademark is essentially similar to a famous trademark or a previously registered trademark.In conclusion, from the lawsuits of trademark cancellation due to having essentially similar trademark to a registered or famous trademark, it is found that the application of the provisions of Article 6 paragraph (1) a and b of Law Number 15 of 2001 in a court decision is quite varied in defining the criteria of “essentially similar” and the criteria of “famous trademark”. The implementation of prohibition on registering a trademark because of being essentially similar with a registered or a famous trademark is distinguished between a good-faith-based and a bad-faith-based application
