| dc.description.abstract | The registered trademark owner has the right to prohibit others from using the
trademark without permission. This is often ignored by brand users, which of
course gives losses to registered brand owners. Therefore, trademark registration
is an attempt to obtain state protection. The problems of this thesis are how to
protect the legal protection of the exclusive rights of registered trademarks in
Indonesia, how to transfer the exclusive rights of registered trademarks based on
Law Number 20 of 2016 concerning Trademarks and Geographical Indications,
how the judge's consideration in giving a decision on the exclusive rights of
registered trademarks based on Decision Number:
03/Pdt.Sus.HKI/Brand/2019/PN Niaga Medan.
The type of research in this thesis is normative juridical and descriptive with a
normative legal approach method. The data source used is secondary data with
data collection techniques through library research and field research, namely by
conducting interviews with Commercial Judges at the Medan District Court. Data
analysis was carried out qualitatively.
Based on the results of the research, legal protection of exclusive rights of
registered trademarks in Indonesia is carried out preventively where the
trademark owner must register his trademark, and also repressively in the form of
final protection with sanctions such as fines, imprisonment, and additional
penalties that are carried out if a dispute has occurred or a violation has been
committed. In Article 41 paragraph (1) of Law Number 20 of 2016 concerning
Trademarks and Geographical Indications, the transfer of rights to a registered
trademark can be transferred due to the existence of inheritance, will, waqf,
grant, agreement, or other reasons justified by the provisions of the law. The legal
owner of the KANDUI RESORT brand is Raihana as the legal and sole owner, as
well as the first registrant and the party who has the exclusive right to use the
Kandui brand, and ordered the defendant to stop using the name "KANDUI
RESORT" | en_US |
