ANALISIS YURIDIS PENGGUNAAN MEREK BURJO KING DI DAERAH ISTIMEWA YOGYAKARTA

Hibono, Michelle (2023) ANALISIS YURIDIS PENGGUNAAN MEREK BURJO KING DI DAERAH ISTIMEWA YOGYAKARTA. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

Law No. 20 of 2016 concerning Marks and Geographical Indications regulates the existence of trademark rights for registered trademark. The owner of a registered trademark has the right to use his own trademark or give permission to other parties to use his trademark. This means that no one may use a trademark that is similar or the same as a registered trademark. However, the facts show that the Burjo King trademark (unregistered trademark) has a visual resemblance to the Burger King brand (registered trademark). Therefore, in this study the problem to be examined is whether the use of the Burjo King trademark can be qualified as violating the rights to the Burger King trademark. The purpose of this study is to find out and analyze whether the use of the Burjo King trademark which resembles the Burger King trademark can be qualified as a violation of the rights to the Burger King trademark. This research is a type of normative research, namely research that focuses on legal norms. The data used is secondary data consisting of primary legal materials and secondary legal materials. These data are then used to qualitatively analyze specific matters. Based on the results of the analysis, conclusions are drawn using the deduction method so that the conclusions are specific. The conclusion in this study is that the use of the Burjo King trademark is a violation of the Burger King trademark because Burjo King unlawfully uses a trademark that has similarities in principle to the Burger King trademark and trades goods and services similar to Burger King.

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