PERLINDUNGAN HUKUM BAGI PEMILIK MEREK YANG TERLAMBAT MENDAFTARKAN ULANG MEREKNYA

Yanantoro, Ivan Rajiv (2014) PERLINDUNGAN HUKUM BAGI PEMILIK MEREK YANG TERLAMBAT MENDAFTARKAN ULANG MEREKNYA. Jurnal Ilmu Hukum. pp. 1-17.

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Abstract

Research on legal protection for brand owners who are late to re-enroll this brand aims to identify and assess the legal protections for brand owners who are late to re-register its brand, as well as his legal settlement in case of dispute between the owners of the brand who are late to re-register its brand and others who have registered the brand. This research is normative legal research, by conducting library research to obtain secondary data as data headliner. This is because legal research is normative then deductive reasoning method. The results of this study are: (1) legal protection under the Trademark Act delays registration renewal or re-registration of the brand is only given to the owners of the brands that have made the brand extension or re-registration. Extension of the period of re-registration can be found in Article 35 paragraph (2) jo. Article 36 of the Trademark Act that mention the brand extension registration request is submitted at a fast 12 months before the expiration of the protection of registered trademarks, and (2) For the actual brand owners requesting an extension of the late registration of the mark, still able to obtain their rights by submitting to Administrative Court in connection with the refusal to the Trademark Office on the grounds that the brand will be the extension of a commonality in whole or in essence to brand other people who have registered and have the relevant brand extension fee, provided he can prove that he is the actual owner of the mark good will.

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