Legal Implications on the Use of the Name of Semongkat Village as a Trademark

Abstract

The purpose of this study is to analyze the legal validity of the use of the name Semongkat hamlet as a trademark, to analyze the legal protection of the Semongkat hamlet community for the use of their regional name as a trademark, and to find out and analyze the legal efforts made by the Semongkat hamlet community. The normative-empirical research method uses the Legislative approach, the Historical Approach and the Sociological Approach. From the results of the research, the first results are obtained, based on the results of the analysis of Article 20 letter f of Law Number 20 of 2016 concerning Brands and Geographical Indications, that the name Semongkat is a generic term category so it must be cancelled as a registered brand. Second, Registration of the name of Semongkat hamlet as a collective brand or registration of Semongkat area as a geographical indication is a legal effort in protecting the rights of the people of Semongkat hamlet. Third, for the use of the name Semongkat as a registered trademark, the people of Semongkat hamlet may file legal action through mediation, arbitration or lawsuits through the courts.

Keywords: Validity, Trademark, Semongkat, generic term

DOI: 10.7176/JLPG/112-01

Publication date:August 31^st 2021