TATOHI: Jurnal Ilmu Hukum
Vol 1, No 12 (2022): Volume 1 Nomor 12, Februari 2022

Perlindungan Hukum Bagi Pemilik Merek Tidak Terdaftar

Nadia Irvan (Fakultas Hukum Universitas Pattimura, Ambon)
Rory Jeff Akyuwen (Fakultas Hukum Universitas Pattimura, Ambon)
Agustina Balik (Fakultas Hukum Universitas Pattimura, Ambon)

Article Info

Publish Date
28 Feb 2022


Introduction: In Indonesia, trademark rights can be obtained after registering a trademark. However, there are still many business actors who have not registered their trademarks due to a lack of understanding about brands.Purposes of the Research: The purpose of this study is to analyze and examine the legal protection for unregistered trademark owners in Ambon City. Methods of the Research: The method used in analyzing and reviewing is normative juridical using a conceptual framework and legal materials derived from literature studies to solve problems qualitatively.Results of the Research: The results of this study indicate that the brand is a distinguishing mark that must be protected. However, in Indonesia it only protects registered trademarks, it is hoped that in the future Indonesia can provide fair and equitable legal protection for a brand through a combined protection system between a declarative system and a constitutive system. The combined protection system which is intended as a right to a mark is granted to the first user of a mark provided that the first user can prove that he is the first user, and registration is proof of use.

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Journal Info





Law, Crime, Criminology & Criminal Justice


TATOHI: Jurnal Ilmu Hukum is a scientific journal published by the Faculty of Law, Pattimura University, with a duration of 12 (twelve) times a year, from January to December. This journal is a means of publishing research articles from undergraduate thesis (S1) students of the Faculty of Law, ...