A legal protection for domestic well-known mark on impersonation of different kind of goods under Indonesia’s trademark law

Ali Oksy Murbiantoro, Rachmad Safa’at, Yuliati Yuliati and Sukarmi Sukarmi
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Ali Oksy Murbiantoro: Faculty of Law, Brawijaya University, Veteran Street no. 1 Post code: 65125, Malang City, Indonesia
Rachmad Safa’at: Lecturer, Faculty of Law, Brawijaya University, Veteran Street no. 1 Post code: 65125, Malang City, Indonesia
Yuliati Yuliati: Lecturer, Faculty of Law, Brawijaya University, Veteran Street no. 1 Post code: 65125, Malang City, Indonesia
Sukarmi Sukarmi: Lecturer, Faculty of Law, Brawijaya University, Veteran Street no. 1 Post code: 65125, Malang City, Indonesia

International Journal of Research in Business and Social Science (2147-4478), 2020, vol. 9, issue 4, 444-450

Abstract: Indonesia’s trademark law does not provide provision for legal protection to registered mark which is well-known domestically therefore, there is no legal basis in case there is another party to commit in impersonation the said registered mark in the different kind of goods. On the other hand, protection indicates the address of international well-known marks only. Referring to the trademark law regime which is common universally such as can be found in the Paris Convention and TRIPs Agreement. Otherwise, for impersonation in different kinds of goods, the protection is given for a well- known mark only. However, the said mark must be recognized within the territory where the mark is called as well-known such in certain countries. The purpose of this study is to know the legal protection for the domestic well-known mark on impersonation of different kind of goods under Indonesia’s trademark law. This study is normative legal research with legislation, concept, and comparative approach. The legal material with technical analysis is done by the method of interpretation. Results of this study, The regulation of legal protection for registered trademark owners of impersonation of different kinds of goods should be reregulated (a reformulation of provisions). So that which is a well-known trademark can be in the form of domestic and internationally well-known, therefore the requirements for registration and commercializing of a mark in several countries, not as an obligation to obtain the rights and status become a well-known mark. However, when a mark is factually known and used in Indonesia, the wide scope of international well-known is no need as a mandatory. Key Words: Legal Protection, Domestic Well-Known Mark, Impersonation, Trademark Law

Date: 2020
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