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112 J.L. Pol'y & Globalization 1 (2021)

handle is hein.journals/jawpglob112 and id is 1 raw text is: ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.112, 2021                                                                                    115%
Legal Implications on the Use of the Name of Semongkat Village
as a Trademark
Isnaini  Kurniawan     Lalu Wira Suhartana
Notary Master Study Program, Faculty of Law, University of Mataram, Indonesia
Abstract
The purpose of this study is to analyze the legal validity of the use of the name Semongkat hamlet as a trademark,
to analyze the legal protection of the Semongkat hamlet community for the use of their regional name as a
trademark, and to find out and analyze the legal efforts made by the Semongkat hamlet community. The
normative-empirical research method uses the Legislative approach, the Historical Approach and the
Sociological Approach. From the results of the research, the first results are obtained, based on the results of the
analysis of Article 20 letter f of Law Number 20 of 2016 concerning Brands and Geographical Indications, that
the name Semongkat is a generic term category so it must be cancelled as a registered brand. Second,
Registration of the name of Semongkat hamlet as a collective brand or registration of Semongkat area as a
geographical indication is a legal effort in protecting the rights of the people of Semongkat hamlet. Third, for the
use of the name Semongkat as a registered trademark, the people of Semongkat hamlet may file legal action
through mediation, arbitration or lawsuits through the courts.
Keywords: Validity, Trademark, Semongkat, generic term
DOI: 10.7176/JLPG/ 112-01
Publication date:August 31st 2021
1. INTRODUCTION
Semokat Hamlet is one of the areas located in the village of Klungkung, Batulanteh District, Sumbawa Regency,
West Nusa Tenggara Province. This hamlet is very strategic because it is the capital of the Batulanteh sub-
district, besides that it has promising natural potential with fertile nature. The potential that exists in Semongkat
hamlet is nature tourism, clean water, honey, ginger, and other natural products, with this potential being the
main attraction for investors to invest.
The issue in this study is the use of the name of hamlet Semongkat which is the name of an area used as a
trademark in some businesses, such as bottled water (AMDK) business, honey products, ginger, coffee, cocoa,
sago, and tapioca, this type of brand is contrary to the validity of the registration of a brand.
The purpose of this study is to Explain and analyze about the legal consequences and validity of the use of
the name Semongkat as a registered trademark, Explain and analyze clearly about the legal protection against the
use of the name Semongkat as a registered trademark and explain what legal efforts against the use of the name
Semongkat as a registered brand.
The benefits of research, this research is expected to contribute ideas for the development of Legal Science
in general and in particular regarding the use of registered trademarks that use the name Semongkat as a
registered trademark in Sumbawa Regency and Practically the results of this study are expected to provide the
right thoughts and solutions for the community, entrepreneurs, as well as policy making in the use of the name of
a region or a generic term to become a registered trademark.
Normative-empirical research method.1 The research approach is the Legislative Approach, the Historical
Approach,2 and Legal Sociology Approach.3 The types and sources of data are primary and secondary data.4 The
research location is in Semongkat Hamlet, Klungkung Village, Batulanteh District. Data collection techniques or
legal materials include techniques for collecting primary materials and collecting secondary data. Data
processing is processed in a sequential and systematic manner. The data analysis in this study is qualitative,
comprehensive, and complete. 5
The results of the research are, First, the use of the name Semongkat as a trademark is included in the
generic term category so that it is contrary to Article 20 Letter f of Law Number 20 of 2016 concerning Brands
and Geographical Indications, Regional names are signs that are public property, so they cannot be registered as
trademarks. Because one of the requirements for a sign to be made a mark is not a sign that is public property. A
brand is one of the regimes whose ownership is individual. Second, Article 20 and Article 22 of Law Number 20
of 2016 concerning Brands and Geographical Indications are the basis for legal protection for the people of
Semongkat hamlet for the use of their regional names as trademarks, therefore as a form of justice for the use of
' Muhaimin, Metode Penelitian Hukum, Mataram University Press, Mataram, 2020, Hlm. 118.
2 Salim HS & Erlies Septiana Nurbani, Op. Cit. Hal.23
s Soerjono Soekanto & Sri Mamudji, Penelitian Hukum NormatifSuatu Tinjauan Singkat, PT. Jakarta, Raja Grafindo Persada, 2003, hlm. 13.
4 Muhaimin, Metode Penelitian Hukum, Op. Cit. Hal. 89
5 Ibid

1

Journal of Law, Policy and Globalization

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