Inconsistency in Acceptance of Trademarks with Common Words at the mark registration office Rr. Aline Gratika Nugrahani
Fakultas Hukum Universitas Trisakti
Abstract
The use of a general word as a registered mark often becomes a dispute when the general word is used by another party. Several court decisions granted the trademark owner^s lawsuit registered with the general word. However, sometimes applications for trademark registration are rejected by the trademark office on the grounds of using general words. Ironically, there are many brands with general words, such as ^Kopitiam^, ^Sederhana^ etc. This becomes an obstacle and is certainly detrimental to interested parties such as brand owners or entrepreneurs and other parties. In fact, strictly on Article 20 point (f) of Law Trademarks and Geographical Indications stipulates that trademarks with words, names or images belonging to the public cannot be registered, hence they cannot be monopolized by anyone. In other words anyone can use them. For this reason, this study aims to find the causes of inconsistencies in the acceptance of trademark registration using general words. This research is a normative legal research. The results of the study show that there are differences in understanding of general words, especially from official trademark examiners and there is a view that a word can become a general word if it has become a trademark.
