Penolakan Pendaftaran Merk Berdasarkan Undangundang Republik Indonesia Nomor 20 Tahun 2016 Tentang Merek Dan Indikasi Geografis Di Kota Pekanbaru

Andi Putra, Bambang (2022) Penolakan Pendaftaran Merk Berdasarkan Undangundang Republik Indonesia Nomor 20 Tahun 2016 Tentang Merek Dan Indikasi Geografis Di Kota Pekanbaru. Masters thesis, Universitas Islam Riau.

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Abstract

According to trademark law, a mark is a sign that can be displayed graphically in the form of images, logos, names, words, letters, numbers, color arrangement, in the form of 2 (two) dimensions and/or 3 (three) dimensions, sound, hologram, or a combination of 2 (two) or more elements to differentiate the goods and/or services produced by person or legal entity in the activity of trading goods and/or service. Many cases encountered in the field are that there is a dispute between the brand owner of a product that is almost similar to other products. Among these cases that occurred in Pekanbaru City, such as the case of the Roseto Mark whose registration was rejected because of the Rossetti trademark which was registered first. While in other cases, such as the Benatoz brand and Banadoz which are also almost similar, but the two brands have no objections, this is the basis of a problem in the research. The main problem in this research is How is the Rejection of Mark Registration Based on the Law of the Republic of Indonesia Number 20 of 2016 concerning Trademarks and Geographical Indications in Pekanbaru City, and What Factors Make the Rejection of Mark Registration Occur in Pekanbaru City. The research method used in this study is research: Empirical Legal Research, which is a legal research method that using empirical facts taken from human behavior, good verbal behavior obtained from interviews as well as real behavior that done through direct observation. Empirical research is also used to observe the results of human behavior in the form of physical relics as well as archives. Refusal of Registration of Marks in the Roseto case whose registration was refused because substantially the type or trademark registered was the same/similar to the Rossetti mark which was registered earlier. After the rejection of registration, Roseto also did not make an appeal, while the Benatoz case which was produced by PT. Sandoz appealed against Banadoz but the Supreme Court ruled there was no equality. While the factors that make the rejection of trademark registration in Pekanbaru City is because administratively it does not meet the requirements in other words it is incomplete. And substantially the registered brands are similar and very similar to the types of brands that were first registered.

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