PERSAMAAN PADA POKOKNYA DENGAN MEREK KADALUARSA SEBAGAI DASAR PEMBATALAN MEREK TERDAFTAR ( Studi Terhadap Putusan Pengadilan Negeri Semarang Nomor 01/HAKI.M/2016/PN.Smg )

This thesis is titled Equation in the Basics with an expired brand as a base that is canceled. This thesis is based on the decision of the Semarang District Court Number 01 / HAKI.M / 2016 / PN.Smg and has permanent legal force. The agreed purpose is agreed to be discussed. What is meant by the expiration mark as the basis for the cancellation of the registered mark is appropriate according to the laws of the Republic of Indonesia. The problem raised by the author is about the legal status of a mark that is not carried out by the registered mark owner. The legal vacuum on the status of the mark is then not approved in the general register of trademarks and then approved in Law Number 15 of 2001 including the application of the law. it attracts the author to discuss the importance of domains related to trademarks and the rights of others to obtain a trademark that is not renewed. In this study the authors used a normative juridical research method. Normative legal research method is a scientific research procedure to find the truth of logic based on legal scientific logic based on its normative provisions. This evaluation method uses deductive research that begins by analyzing the articles in the provisions of the applicable law. Descriptive Descriptive Analysis. This research technique is also a systematic, factual and accurate explanation of the facts and characteristics of several research objects After the discussion, it can be concluded that 1) Regarding the legal vacancy in the Trademark Law related to the legal status in the Trademark Law related to the legal status of the brand that has been approved for expiration, no expansion has been carried out, continuous research is carried out. So the rightful party has the right to use it for commercial purposes. This is based on the provisions of the Civil Code and the principle of trademark registration. First to submit, then open up opportunities for parties. 2). As well as the expiration of a brand, the exclusive rights for others to use the brand are lost. Therefore the Equality in essence in article 6 paragraph 1 suggests an appropriate basis for the cancellation of the mark approved in this cas