Abstract
This research intends to examine how the form of legal protection of bensu trademark property in the perspective of the Trademark Law and whether the basis of legal considerations used by judges in dropping the verdict of the case number: 575 K / Pdt.Sus-HKI / 2020). The research method in this writing is normative legal research using primary, secondary, and tertiary legal materials. The analysis used is qualitative analysis. The results showed that the form of legal protection of bensu trademark property based on the perspective of the Brand Law is preventive legal protection that is legal protection before there is a violation of the law against the brand by registering the brand especially in order to get legal protection from the state, and repressive legal protection that is legal protection in case of violation of the law against the brand by filing a lawsuit of trademark cancellation, trademark infringement lawsuit, and temporary determination of the court to the Commercial Court. In addition, it can be done through alternative dispute resolution or through criminal charges. The basic legal considerations used by the judge in dropping the verdict of the case number: 575 K/Pdt.Sus- HKI/2020, is based on a constitutional system first to file. The judge only considers this case as a case concerning the first registrant of brands and brands that have similarities in essence or in whole. The judge did not notice that the word BENSU is the name or abbreviation of the name of a famous person that belongs to Ruben Samuel Onsu. Keywords: brand, legal protection DOI: 10.7176/JLPG/106-05 Publication date: February 28 th 2021
Highlights
IntroductionIf a brand is widely known, this can lead to legal problems, such as the emergence of competitors with bad faith to impersonate or even pirate a well-known brand
Intellectual Property Rights are the result of human intellectuals incarnated in a form of creation or invention. (Muhammad, 2012) One part of intellectual property rights is a mark which is a sign in the form of images, names, words, letters, numbers, color arrangements, or a combination. of these elements which have distinctive power and are used in trading activities of goods or services which are the basis for the development of modern trade which can be used as Goodwill, a symbol, quality standards, a means of penetrating all types of markets, and traded with guarantees to generate large profits.If a brand is widely known, this can lead to legal problems, such as the emergence of competitors with bad faith to impersonate or even pirate a well-known brand
Related to the BENSU trademark dispute, which started with a lawsuit filed by Ruben Samuel Onsu with a lawsuit letter dated August 22, 2019 which was received and registered at the Registrar's Office of the Commercial Court at the District Court on August 22, 2019 in Register Number 57 / Pdt.Sus-HKI / Brand / 2019 / PN Niaga Jkt.Pst
Summary
If a brand is widely known, this can lead to legal problems, such as the emergence of competitors with bad faith to impersonate or even pirate a well-known brand. In order to obtain legal protection for a mark, the trademark owner must first register the mark. This is in accordance with the existing provisions in Law Number 20 of 2016 concerning Marks and Geographical Indications, which explains the granting of rights to trademarks, namely in Article 1 paragraph (5), which states that “rights to marks are exclusive rights. To take advantage of the usefulness of the word BENSU, Ruben Samuel Onsu used the word BENSU in his culinary business, namely Geprek Bensu
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
