Legal Protection of Trademark Owner Based on The First to File Ownership Principle

Subagiyo, Dwi Tatak Legal Protection of Trademark Owner Based on The First to File Ownership Principle. American Journal of Humanities and Social Sciences Research. (Unpublished)

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Abstract

A legal protection for the owner of a basic mark based on the principle of first to file ownership can be obtained if the owner of the mark makes an application to the Directorate General of Intellectual Property Rights. The application is based on the good faith of the applicant, so that the application will provide legal protection to the first applicant for a Mark because the applicant who filed the application for a Mark for the first time is considered to have good faith. This causes no party to register the same Mark a second time. If there is and there is a dispute in court, then what will be protected is the Mark owner who submits the application first. Furthermore, the characteristics of a Trademark based on the principle of ownership according to the applicable law is that a Trademark is considered an intangible object based on book 2 of the Civil Code in which the right owner has the authority to use the Mark indefinitely as needed, including also to carry out the agreement, either a license agreement or a right transfer agreement in any way. Keywords: Legal protection; trademark; first to file

Item Type:	Other
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law
Depositing User:	Sulimin BP3
Date Deposited:	22 Nov 2023 00:40
Last Modified:	22 Nov 2023 00:40
URI:	http://erepository.uwks.ac.id/id/eprint/16611

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