Gugatan terhadap Putusan Komisi Banding Merek untuk mendaftarkan merek "Loft" (Studi kasus Putusan Mahkamah Agung No.728 K/PDT.SUS/2011) = Lawsuit against the commissions's decision to register the trademark brand appeal "Loft" (Case study: Supreme Court
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Institusion
Universitas Pelita Harapan
Author
Hartanto, Jodi Andrewirawan
Subject
K Law (General)
Datestamp
2021-09-07 07:14:06
Abstract :
Brands must be registered so that no party can use the mark and in case of violations of the brand, the brand owner can file a lawsuit against the other party for damages, or termination of all acts relating to the use of the trademark. Basic filling trademark cancellation is set in Article 68 and 69 of Law No. 15 of 2001 on Marks. Cancellation brand regulated in Law Number 15 of 2001 on Marks can be canceled within a period of five (5) years after trademark is registered. This study aims to determine the Trademark Appeal Commision consideration in the refusal of registration LOFT brand to appeal, and the consideration of the Supreme Court Judge in accepting the registration of the trademark LOFT by ANNCO, INC on appeal. This study is a normative juridicial research with secondary data. Discussion of the results showed that the consideration of the Trademark Appeal Commision in withdrawing the registration of the mark LOFT until the appeals are based only on provisions of Article 6 paragraph (1) letter a of Law Number 15 of 2001 on Trademarks, which states that the brand LOFT have similiarities in principle with the brand Luft which was registered earlier, while consideration of the Supreme Court in accepting the registration of the trademark LOFT by ANNCO, Inc. in the decision level appeal based on the existence of bad faith on the wearer brand Luft and similarity in principle between the brand Luft to brand LOFT which is a famous brand in accordance with the provisions Article 6, paragraph (1) letter b of Law Number 15 of 2001 on Marks
Brands must be registered so that no party can use the mark and in case of violations of the brand, the brand owner can file a lawsuit against the other party for damages, or termination of all acts relating to the use of the trademark. Basic filling trademark cancellation is set in Article 68 and 69 of Law No. 15 of 2001 on Marks. Cancellation brand regulated in Law Number 15 of 2001 on Marks can be canceled within a period of five (5) years after trademark is registered. This study aims to determine the Trademark Appeal Commision consideration in the refusal of registration LOFT brand to appeal, and the consideration of the Supreme Court Judge in accepting the registration of the trademark LOFT by ANNCO, INC on appeal. This study is a normative juridicial research with secondary data. Discussion of the results showed that the consideration of the Trademark Appeal Commision in withdrawing the registration of the mark LOFT until the appeals are based only on provisions of Article 6 paragraph (1) letter a of Law Number 15 of 2001 on Trademarks, which states that the brand LOFT have similiarities in principle with the brand Luft which was registered earlier, while consideration of the Supreme Court in accepting the registration of the trademark LOFT by ANNCO, Inc. in the decision level appeal based on the existence of bad faith on the wearer brand Luft and similarity in principle between the brand Luft to brand LOFT which is a famous brand in accordance with the provisions Article 6, paragraph (1) letter b of Law Number 15 of 2001 on Marks
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