Protection Of Legal Trademark Against Keen From Passing Off

Abstract

In a practice of a business on goods and/or services, the brand becomes an important factor in the sustainability and progress of the goods and/or services. The level of a brand of goods and/or services becomes a brand known by the public is the level desired by the manufacturer of the product and the owner of the trademark itself. The popularity of a brand became a famous mark capable of causing violations of the brand both in the country itself and outside of the country, brand violations become a breach in a more sophisticated direction again, this violation is referred to as the term passing off. The method used for this research is a normative juridical method of approach, the research is based on legislation relating to the trademark of Law No. 20 of 2016. This research aims to reduce the occurrence of the act of passing off on trademarks, then Law No. 20 of 2016 provides legal protection to owners of the brand keen through article 20, article 21 and article 76 paragraph (1), remedies that can be done by trademark owners keen may be done with the litigation line by filing a lawsuit and/or termination of all actions relating to the use of the By optimizing the law number 20 of 2016 then legal protection against trademark owners can be done well. Sanctions applied to the perpetrators who conduct a passing off can be done by default with claims of indemnification by owners of brand keen and administration by removing the brand of actors from the list of brands on the brand Directorate. Cases of this brand violations can be when there is cooperation between the Community, the Directorate of Brands, and law enforcement.
 Keywords: legal protection, trademark, Passing Off.