REVIEWING THE LEGALITY OF THE USE OF RELIGIOUS NAMES AND SYMBOLS FOR TRADEMARKS
Cokorde Istri Dian Laksmi Dewi, Wayan Santoso, I Made Sudira

Universitas Ngurah Rai

Abstract

Entrepreneurs use religious names and symbols for trademarks of their businesses so that they are easy to remember and are considered to have commercial value. A trademark is a symbol used by a wholesaler that becomes a recognizable name or symbol to identify a product or service that is distributed to the marketplace. Trademarks make a product easily recognizable because it is unique and different from other businesses. A trademark exclusively identifies a product as belonging to a particular company and acknowledges the company^s ownership of the mark. The use of religious names and symbols for trademarks has occurred in Indonesia, even these businesses already have trademark certificates. Even though the use of religious symbols triggers unrest and also causes offence from the people. In this study it will be discussed about 1) whether religious names and symbols can be used for trademarks? 2) What are the legal consequences for objections to the use of religious names and symbols for trademarks? Article 20 of the Law of the Republic of Indonesia Number 20 of 2016 concerning Marks and Geographical Indications states that it is contrary to state ideology, laws and regulations, morality, religion, decency, or public order. The use of religious names and symbols in a business activity is a violation of the law in this case it can be suspected as blasphemy or blasphemy of religion as referred to in Article 156a of the Criminal Code concerning Blasphemy/Defamation of Religion jo. Decree of the President of the Republic of Indonesia Number 1 of 1965 which has been amended into Law Number 1 of 1965 concerning the Abuse and/or Blasphemy of Religion.

Keywords: name and symbol, religion, trademark

Topic: Law on Licences and Labor