Jurnal Hukum dan Konstitusi
Vol. 2 No. 3 (2026): JIC : Jurnal Hukum dan Konstitusi

Legal Protection Of Well-Known Trademarks: Reasons Why Famous Trademarks Have Their Protection Expanded: Legal Protection Of Well-Known Trademarks: Reasons Why Famous Trademarks Have Their Protection Expanded

Agung Sujatmiko (Faculty of Law, Universitas Airlangga)



Article Info

Publish Date
29 Jun 2026

Abstract

A trademark constitutes one of the key forms of Intellectual Property Rights (IPR) and plays a strategic role in the trade of goods and services. Among the various categories of trademarks, well-known trademarks possess significant economic value due to their reputation, quality, and widespread public recognition. However, this high economic value also makes well-known trademarks particularly vulnerable to infringement, including imitation, counterfeiting, and unauthorized use by irresponsible parties. This study aims to analyze the criteria of well-known trademarks within the trademark law system in Indonesia and to examine the rationale for granting broader legal protection to well-known trademarks compared to ordinary trademarks. This research employs a normative legal research method using both conceptual and statutory approaches. The analysis focuses on the concepts of well-known trademarks and the legal provisions governing their protection under Indonesian legislation. The findings reveal that well-known trademarks receive special protection under Law Number 20 of 2016 concerning Trademarks and Geographical Indications. Such protection extends beyond the use of similar goods and/or services and may also apply to dissimilar goods and/or services under certain conditions. The expansion of protection is justified by the substantial investments made by trademark owners in building brand reputation, conducting promotional activities, and registering their trademarks across multiple jurisdictions. Accordingly, this study recommends strengthening the legal criteria for determining well-known trademark status and enhancing the effectiveness of law enforcement mechanisms to provide greater legal certainty and prevent infringements against well-known trademarks.

Copyrights © 2026






Journal Info

Abbrev

jic

Publisher

Subject

Description

Jurnal Hukum dan Konstitusi is an open access and peer-reviewed journal that aims to disseminate the results of research or conceptual studies on criminal verdicts, criminal justice, human rights crimes, child criminal cases that conflict with the law, and ...