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All Journal JURNAL HUKUM Sosiohumaniora PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Sriwijaya Law Review Jurnal Hukum Bisnis Indonesian Journal of International Law JIPRO : Journal Of Intellectual Property Indonesia Law Review (ILREV) Journal of Finance and Business Digital (JFBD) Journal of Central Banking Law and Institutions Acta Law Journal Jurnal Hukum dan Pembangunan Technology and Economics Law Journal
Agus Sardjono
Fakultas Hukum Universitas Indonesia
Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Problems of Obligation to Use Indonesian as Trademarks Against International Principles Concerning Words as Mark Gultom, Hosiana Daniel Adrian; Sardjono, Agus; Budi, Henry Soelistyo; Yuwono, Untung
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The Paris Convention and Trademark Law Treaty (TLT) have emphasized the importance of distinctive characteristics of words as marks. The TRIPs have stated that trademarks are signs with distinguishing power and one of the elements are words. There are two doctrines related to the distinguishing power of words, namely the likelihood of confusion and dilution. There are also eight categories of words as trademarks with distinctive power that are recognized internationally. Indonesian trademark law has regulated distinctive characteristics of wordmarks in relation to words that cannot be registered as trademarks and words whose application for registration has been rejected. This is because Indonesia has ratified the Paris Convention, TRIPs, and TLT and harmonized its trademark law. However, there is an obligation for Indonesian citizens and its legal entities to use Indonesian words as trademarks. This article encompasses normative legal research using a statutory approach. Indonesian trademark law has accommodated the doctrine of likelihood of confusion as well as dilution. The law also implicitly recognizes five categories of wordmarks, which are: invented words, abbreviation including acronyms, arbitrary, suggestive, and generic. The obligation to use Indonesian words as trademarks limits the creation and use of words as trademarks. This norm appears to be formulated without a proper understanding of trademarks. Indonesia does not need norms like this. All trademark stakeholders must pay attention to this norm and apply for revocation.
Co-Authors Brian Amy Prastyo Darmawan, Bagas Derezka Gunti Larasati Desrezka Gunti Larasati Desrezka Gunti Larasati Deviana Yuanitasari Diyani, Trini Elsa Savira Fatou Diagne Mbaye Gultom, Hosiana Harsanto Nursadi Henry Soelistyo Budi, Henry Soelistyo Heru Susetyo Jamhari Jamhari Jelly Leviza Larasati, Derezka G. Mutiara Panjaitan Nefi, Arman Prasetyo, Brian Amy Puspasari, Anastasia Theresia Rais Lutfi, Muhammad Fauzi Runtung Tarigan, Therecia Fransisca Tharifah, Adzhani Untung Yuwono