THE JURIDICAL ASPECT OF THE PROTECTION OF TRADEMARK RIGHTS AGAINST HOMONYMOUS SIMILARITY IS LINKED TO THE ONLINE TRADEMARK REGISTRATION SYSTEM

Authors

  • Tina Marlina Faculty of Law, Swadaya Gunung Jati University, Indonesia
  • Irma Maulida Faculty of Law, Swadaya Gunung Jati University, Indonesia
  • Deni Yusup Permana Faculty of Law, Swadaya Gunung Jati University, Indonesia
  • Raden Handiriono Faculty of Law, Swadaya Gunung Jati University, Indonesia
  • Setia Budiyanti Faculty of Law, Swadaya Gunung Jati University, Indonesia
  • Iwan G Gumilang Faculty of Law, Swadaya Gunung Jati University, Indonesia

DOI:

https://doi.org/10.33603/hermeneutika.v7i2.8736

Keywords:

Brand, Trademark Registration, Homonymous Similarity

Abstract

For producers, brands are used as a sign of identity or self-description for their products which can be a differentiator for one product and another as well as leg earrings used by songbird breeders which can be a differentiator between one songbird and another, because the brand can be a differentiator, actually the brand can be a deterrent to unhealthy business competition,  Because consumers can also distinguish the source or origin of a product seen from one brand to another based on the taste, quality, quantity, and superiority of each brand with the goods or services offered The development of the times in the era of globalization makes level 7 buyer satisfaction not only determined by the quality of the goods or services used, but also seen from the satisfaction of one's prestige in using famous brands. Not infrequently in people's social life there is an assumption that the brand of goods or services used can show the social status of the brand user.1 so that the brand finally has valuable commercial capabilities for producers. Although there are laws governing this trademark right, there are still many individuals who unlawfully imitate or plagiarize other people's brands. Many trademarks of trade products, especially those that are well known in the community, are plagiarized, imitated, made to resemble both in terms of writing and pronunciation, or even blatantly used unlawfully, so that this causes harm to producers and consumers who think the goods they buy are genuine goods, but it turns out to be fake.

References

Book

Tommy Hendra Purwaka, Perlindungan Merek, Jakarta: Yayasan Obor Indonesia, 2018, Hlm 14.

Ani Purwati, METODE PENELITIAN HUKUM TEORI DAN PRAKTEK, Surabaya: CV Jakad Media Publishing, 2020 Hlm. 11.

OK Saidin, Aspek Hukum Hak Kekayaan Intelektual (Intellectual Property Rights), Jakarta: PT. Raja Grafindo Persada, 2010, Hlm. 345.

Wahyudi dan Ananda Putri Nur Amalia, Tata Cara Pendaftaran Merek Dalam Usaha Mikro Kecil dan Menengah (UMKM) Di Lingkungan Karang Taruna Padalarang Kabupaten Bandung Barat, Jurnal Pengabdian Kepada Masyarakat, Vol. 4 No. 1, 2022. Hlm. 20.

Legislation:

Undang-Undang Dasar 1945

Undang-Undang Nomor 20 Tahun 2016 Tentang Merek dan Indikasi Geografis

Published

2023-08-30

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