Abstract
Indonesia’s trademark law does not provide provision for legal protection to registered mark which is well-known domestically therefore, there is no legal basis in case there is another party to commit in impersonation the said registered mark in the different kind of goods. On the other hand, protection indicates the address of international well-known marks only. Referring to the trademark law regime which is common universally such as can be found in the Paris Convention and TRIPs Agreement. Otherwise, for impersonation in different kinds of goods, the protection is given for a well- known mark only. However, the said mark must be recognized within the territory where the mark is called as well-known such in certain countries. The purpose of this study is to know the legal protection for the domestic well-known mark on impersonation of different kind of goods under Indonesia’s trademark law. This study is normative legal research with legislation, concept, and comparative approach. The legal material with technical analysis is done by the method of interpretation. Results of this study, The regulation of legal protection for registered trademark owners of impersonation of different kinds of goods should be reregulated (a reformulation of provisions). So that which is a well-known trademark can be in the form of domestic and internationally well-known, therefore the requirements for registration and commercializing of a mark in several countries, not as an obligation to obtain the rights and status become a well-known mark. However, when a mark is factually known and used in Indonesia, the wide scope of international well-known is no need as a mandatory.
Highlights
Indonesia’s requirement of well- known mark which are required that should be there are registration and commercialization overseas mean that the requirement only suitable for international trademark, this requirement of provision cannot answer a situation for a trademark which is recognized and well known domestically within Indonesia’s territory
In the era of globalization of free trade, so every country in the world obliged to follow international rules made based on an agreement among the member of countries that are incorporated in World Trade Organization (WTO) (Sari & Bramantyo, 2020)
In reality, the provisions of trademark law in Indonesia which are as a part of the harmonization outcome of international conventions on trademark that are unable to accommodate the legal protection of trademark owners or do not provide legal protection for trademark when the mark is used without rights by other parties on non-similar goods (Article 21 Paragraph (1) Letter a Jo Article 83 of the 2016 Trademark Law)
Summary
Indonesia’s requirement of well- known mark which are required that should be there are registration and commercialization overseas mean that the requirement only suitable for international trademark, this requirement of provision cannot answer a situation for a trademark which is recognized and well known domestically within Indonesia’s territory. In reality, the provisions of trademark law in Indonesia which are as a part of the harmonization outcome of international conventions on trademark that are unable to accommodate the legal protection of trademark owners or do not provide legal protection for trademark when the mark is used without rights by other parties on non-similar goods (Article 21 Paragraph (1) Letter a Jo Article 83 of the 2016 Trademark Law) Based on this provision the registered trademark owner can not objection or bringing lawsuit against third party who intend to imitating or using the said registered trademark having basic similarity or as a whole in different kinds of goods, for example the media owner of a newspaper / newspaper outstanding and nationally known including item class 16, the other party uses the name of the newspaper mark which has basic similarities in the form of online goods (news portal) which is covered in class of goods 42. Comparing to the provisions of well-known mark within Indonesia’s trademark law; International Trademark Convention experiences such as USA and Singapore will answers whether the understanding and definition of well-known marks in Indonesia in connection with the issues of impersonation towards registered of well-known mark domestically is already proper either for domestic or worldwide perspective
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