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| Judul | : |
TINJAUAN YURIDIS DALAM SENGKETA PENGHAPUSAN MEREK TERDAFTAR (STUDI PUTUSAN NOMOR 1/Pdt.Sus.HKI/Merek/2023/PN.Niaga Sby)
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| Subjek | : |
Trademarks
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| Pengarang | : |
THERESA MARGARETHA LUMBAN GAOL
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| Pembimbing | : |
Agus Mardianto,
Maria Mu’ti Wulandari
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2024
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| Call Number | : |
346.048 8 GAO t
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
Trademarks is a part of Intellectual Property Rights regulated in Law Number
20 of 2016 concerning Brands and Geographical Indications. Trademark Registration
has legal protection for the owner of the registered Mark, because the role of the Mark
is very important in its existence in distinguishing goods and services from a particular
seller but there are still many who have bad intentions to register their Marks. This
study aims to find out how the legal protection of BABON registered trademark holders
in Decision Number 1/Pdt.Sus.HKI/TBrand/2023/PN. Niaga Sby and to find out the
legal consequences of the Trademark which is declared invalid because there has been
a deletion of the registered mark in review of Law Number 20 of 2016 concerning
Marks and Geographical Indications.
The approach method used in research is normative juridical with descriptive
research specification analysis. The data sources used are secondary data and the data
collection method is carried out by literature study, then the data obtained is processed
in the form of narrative text with the data analysis method used, which is qualitative
normative.
Based on the results of research and discussion, it can be concluded that
granting the plaintiff's lawsuit entirely on the removal of the defendant's BABON mark
as a form of legal protection for the registered mark. The Defendant's mark is contrary
to Article 74 paragraph (1) of Law Number 20 of 2016 concerning Marks and
Geographical Indications because the defendant's BABOON Mark has not been used
for 3 (three) consecutive years for some types of goods, namely soy sauce in trade since
the date of trademark registration or last use. So that the legal consequences for the
defendant's BABOON Brand were removed from the General Register of Marks by the
Directorate General of Intellectual Property. The Certificate of Trademark in question
is declared invalid because there has been a deletion of the mark.
Keywords: Deductions, Registered Marks, Legal Effects
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