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All Journal Jurnal Ilmu Hukum The Juris Unes Law Review Jurnal Hukum Adigama
R. Rahaditya
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Journal : Jurnal Ilmu Hukum The Juris

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PENGGABUNGAN GUGATAN PEMBATALAN MEREK DAN GUGATAN ATAS PELANGGARAN MEREK Elisabeth D.A.N; R. Rahaditya
The Juris Vol. 8 No. 1 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i1.1240

Abstract

Problems in registering a mark that is conceptually identical to another mark can be resolved by filing a trademark cancellation lawsuit. However, in drafting a lawsuit, the owner or its attorney must prepare the lawsuit correctly and straight to the issue. Cause lawsuits are often found whose contents are inappropriate, causing the lawsuit become vague and unclear. Thus, in the dispute between Buttonscarves and Umamascarves trademarks, the plaintiff was suing for cancellation of the trademark but asked for a stop to production, sales, and promotion of products from the trademark that were conceptually identical to its own; this claim can only be requested for a trademark infringement lawsuit. This research aims to analyze the combination of trademark cancellation lawsuits and trademark infringement lawsuits. This type of research is normative legal research accomplished with literature studies supported by primary and secondary data obtained from interviews and related legal materials. This research shows that mixing a lawsuit for trademark cancellation and a lawsuit for trademark infringement cannot be fulfilled because different parties are drawn as defendants. In a trademark cancellation lawsuit, the defendant is the registered trademark owner, whereas in a trademark infringement lawsuit, the defendant is the party who does not have the right or permission to use the trademark. Other than that, there are different demands in those lawsuits. In the trademark cancellation lawsuit, the demand is for the trademark cancellation, whereas in the trademark infringement lawsuit, the demand is for compensation or closure of activities related to the trademark.
Co-Authors AISYA VIJAYASHREE Chrysto Fransco Siletty Deren Adi Chandra Eka Aprilia Elisabeth D.A.N Grace Kezia Caroline Gunawan, Chyntia Helena Damai Ratih Jessica Jessica Jevano Tri Alexander Jose Adiguna Karen Abigael Pangkey Kevin Pramadani Majolica Ocarina Fae Matthew Husada Mishael Joshua Monika Romauli Manurung Muhammad Faiz Rizqi Nadya Enjelin Kusuma Pedro Sutanto Renald Saputra Reyner Darell Sidharta Rossellini, R.A Steffie Sandra Gloria Satriani Tamara Arruum Shafira Velia Audia Septian Vicky Vicky Yeremia Aprilio Yohanes Kevin Manik Yosua Hasudungan Wilbur