Legal Protection of the Umama Scarf Trademark Against Passing Off Actions by Shella Saukia

Abstract

Trademarks are a form of intellectual property that plays an important role in commercial activities because they serve as an identity, a distinguishing feature, and a guarantee of the quality of a product or service. To provide legal certainty, trademark protection in Indonesia is regulated in Law No. 20 of 2016 concerning Trademarks and Geographical Indications, which aims to protect the rights of registered trademark owners from unauthorized use of their trademarks. This study examines the legal certainty of registered trademark protection against passing off with a case study of the use of Umama Scarf hijab products by other parties without the trademark owner's consent. Legal protection for trademarks is not only provided through civil mechanisms but also through criminal mechanisms as a form of external legal protection. The research method used is normative legal research with a regulatory and conceptual approach. The results of the study show that although the term passing off is not explicitly regulated in Indonesian positive law, its substance is reflected in the provisions concerning trademark infringement, bad faith, and unfair business competition. Registered trademark owners obtain legal protection both civilly and criminally, including the right to claim damages, cessation of trademark use, and the application of criminal sanctions. Thus, trademark registration provides legal certainty for trademark owners.