Authority of Government Discretion of the Pentakosta Trademark

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Abstract

The trademark of the Pentakosta is registered in class 45 which is a class of religious organization services. In accordance with Law No. 20 of 2016 concerning Trademarks and Geographical Indications, as a registered trademark, Pentakosta has legal protection in its use. However, Pentakosta trademark is problematic. The first problem arises when church management changes. The new management wants to delete the registered trademark. Removal of registered marks as mandated by Law No. 20 of 2016 can be carried out according to applicable regulations. In practice, the removal of Pentakosta trademark was also problematic. One of the policies carried out by the Directorate of Trademark and Geographical Indication to overcome the problem was to revive the deleted trademark. This research emphasizes the discussion on the authority of the Directorate General of Intellectual Property which ultimately freezes the trademark of the Pentakosta. The study was conducted by analyzing the decisions of the State Administrative Court that tried this case. The results of the study found that the authority of the Directorate General of Intellectual Property to abolish the Pentakosta trademark still depends on the interpretation of judges
Original languageEnglish
Pages (from-to)47-53
JournalAdvances in Business Related Scientific Research Journal
Volume130
Publication statusPublished - 2020

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