REDEFINITION OF FAMOUS BRAND RELATED TO THE APPLICATION OF TRADEMARK LAW BASED ON THE PRINCIPLE OF LEGAL CERTAINTY

Abstract

The presence of famous brands has become an inevitable phenomenon in modern society.
These brands are not only a part of everyday life, but also play an important role in shaping
the social and economic identity of individuals. Therefore, it does not rule out the possibility
of infringement in the form of imitation and misappropriation so that it can harm the
legitimate owners of well-known trademarks whose existence has not been clearly regulated
in the legislation. This research aims to analyse the qualifications of famous brands and
evaluate the effectiveness of the existing legal mechanisms in the Trademark Law to
implement the principle of legal certainty for famous brands owners. This research examines
the criteria used to determine the status of famous brands, including the level of public
recognition, length of use, promotion, and market coverage. In addition, this research
evaluates how the principle of legal certainty is applied in the enforcement of famous brands
rights, as well as the challenges faced in legal practice. Through a normative approach that
refers to the application of legislation, literature study, reviewing literature and theoretical
studies of legal experts, this study found that although there are laws governing trademarks,
there are some things that have not been clearly regulated in it and also the implementation
in the field often faces obstacles such as lack of understanding among law enforcement
officials and differences in interpretation by the courts. The results of this study are expected
to contribute to the development of policies and regulations that are more effective in
protecting well-known trademarks in Indonesia, as well as strengthening the principle of
legal certainty in the trademark protection system.