Legal Protection of Unregistered Marks in Indonesia

Abstract

In accordance with Law No. 20 of 2016 pertaining to Marks and Geographical Indications, trademark protection in Indonesia is only granted following registration under a constitutive system. This study aims to examine the pseudo-legal protection afforded to unregistered trademark owners in Indonesia. This study employs a normative legal research methodology because its focus departs from the ambiguity of norms, employing a statute approach and a conceptual approach. The technique for tracing legal materials involves document analysis techniques and qualitative study analysis. The findings of this study indicate that Mark Protection in Indonesia is granted only after registration in accordance with the constitutive registration system adopted by Law No. 20 of 2016 regarding Marks and Geographical Indications. Unregistered trademarks are not protected by law. Meanwhile, if an unregistered mark is used or imitated without permission or rights, the owner of the mark cannot file a lawsuit against the violator.

Legal Analysis of the Use of Trademarks that have Similarities at Their Core or Entirely (A Study of Decision Number 55/Pdt.Sus-HKI/Merek/2022/PN Niaga Jkt.Pst)

“…However, it's important to note that the registration fees are still determined by the number of categories of goods or services for which the registration is sought. [8] Epistemologically, the legal reasoning used to address a problem consists of five stages: [9] 1. Identifying the potential sources of law, typically statutes and court decisions (identify the applicable sources of law).…”