viii
ABSTRACT
The purpose of this research is 1) to determine and to analyze why the
trademark office granted the application of trademark registration which is
fundamentally similar; 2) to determine and to analyze the legal protection
towards the trademark that was firstly registered as amended by Trademark Act
No.15, 2001.
The method of the research is a procedure or the process of acquiring the
truth or the right knowledge through systematic steps. In research description, it
is clearly stated that the research method used by the researcher is normative
juridical approach. The use of this method affected the way of collecting and
analyzing the data. Furthermore, the conclusion of this research is presented by
using literature review.
Beside the initiative of the trademark owner in registering their mark, the
mechanism of legal protection towards well-known mark can also be reached
through the rejection by Trademark Office towards the application for
registration of the similar mark or famous mark. The Trademark Office will be
rejected if there is a registration of the mark made by others to imitate the famous
mark that has already exists. The Trademark Act has set the protection towards
the mark in the first legal protection of the registered mark, but in fact the
resemblance or similarity of the trademark is still going on to this day. It might be
caused by an unfair competition between companies that want to take advantages
by imitating or hijacking marks, especially towards well-known food products
trademark.
ix