Rindia Fanny, Kusumaningtyas (2020) PROBLEMATICS OF TRADEMARK NAMING AFTER PASSING OF PRESIDENTIAL REGULATION NUMBER 63 YEAR 2019 CONCERNING THE USE OF INDONESIAN LANGUAGE. International Journal of Business, Economics and Law, 23 (1). pp. 55-63. ISSN 2289-1552

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Abstract

Naming of a trademark is very important as identity of a good or service, because a trademark can be displayed graphically in the form of images, logos, names, words, letters, numbers, color arrangements, in 2 (two) dimensional and / or 3 dimensions (three) dimensions, sound, hologram, or a combination of 2 (two) or more of these elements to distinguish goods and or services produced by a person or legal entity in trading activities of goods and / or services. The existence of Presidential Regulation Number 63 Year 2019 Concerning the Use of Indonesian Language has caused problems regarding the naming of existing and non-existing Trademarks in Indonesia. The purpose of this research is whether the Presidential Regulation Number 63 Year 2019 Concerning the Use of Indonesian Language can be used as a consideration or reference in determining a registered trademark or not? and What is the form of consideration in the substantive examination related to the naming of trademarks that can be registered. The method used in this research is a qualitative method with a sociological juridical approach; a legal research which studies and examines the reciprocal relationship between law and other social institutions, the study of law as law in action is a non-doctrinal and empirical scientific study. Based on the results of research, Presidential Regulation of the Republic Indonesia Number 63 Year 2019 Concerning the Use of Indonesian Language cannot be used as the basis for trademark naming of trademark registration application because the Presidential Regulation does not use the basis of Law Number 20-year 2016 concerning Trademarks and Geographical Indications. In substantive examination of the application for trademark registration of Law Number 20-year 2016 concerning Trademarks and Geographical Indications is the main basis of Trademark Registration in Indonesia.

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