Legal Protection of Trademark Holders in the Jolibi Trademark Case of PT Tatalogam Lestari

Abstract

The development of a business in a country. Brands have an important role as a differentiator amid goods and service activities in society. For business actors, a brand is an image and a good name for a company. Law Number 20 of 2016 concerning Marks and Geographical Indications aims to provide legal certainty for registered marks, have legal protection for registered marks, and resolve disputes related to marks. One example in the research is the case study of decision number 39/Pdt.Sus-Merek/2023.PN.Niaga.Jkt.Pst between Jollibee Foods Corporation and PT Tatalogam Lestari. This research examines issues related to the position and legal power of patented brand holders in Indonesia in accordance with the MIG Law and the form of legal protection for patented brand holders related to the lawsuit process in commercial courts. The research method used is normative juridical research with a statutory and analytical approach that uses primary legal materials. The research results show that in the case of a brand dispute between Jollibee, owned by Jollibee Foods Corporation, and Jolibi, owned by PT Tatalogam Lestari, the brand registered first (first to file) has legal force because it is registered in the Intellectual Property Database of the Ministry of Law and Human Rights. Registered trademarks are entitled to protection for ten years and can be extended if the trademark in question is still used and circulating in Indonesia, as well as the form of legal protection for trademark holders in the study of decision number 39/Pdt.Sus-Merek/2023. PN.Niaga.Jkt.Pst.