PENYELESAIAN SENGKETA MEREK DAGANG KOPITIAM ANTARA KOPITIAM MELAWAN KOK TONG KOPITIAM YANG MELIBATKAN PERSATUAN PENGUSAHA KOPITIAM INDONESIA

Brands as one form of Intellectual Property Rights ( IPR ) or Intellectual Property Rights which have been used hundreds of years ago and have an important role in world trade, because the brand is used to distinguish the origin of the goods or services. In 2010 there were disputes over trademark rights of public concern about the brand �Kopitiam�. Starting in 2010 the owner of the registered mark �Kopitiam� Abdul Alek Soelystio perform lawsuit brands �Kok Tong Kopitiam� owned by Paimin Halim. Rights to a trademark dispute was very interesting, both from the process of application for registration of trademark and passing judgment by the Supreme Court on dispute settlement. Kopitiam is a combination of two words that involves a lot of culture. Tiam is a Hokkien word for shop. Most of the Chinese immigrants in Southeast Asia comes from the Hokkien province (Mandarin: Fujian) and already hundreds of years language and customs among them mixed Hokkien and Malay. Thus, no other means Kopitiam coffee shop. As a coffee shop business operators should not be allowed to use the word which is the description of the kinds of goods (traded), and is a generic word or public domain. Supreme Court decision No. 261 K/Ps.Sus/2011 this can result in losses coffee shop owner who uses the element coffee shop owner who uses the element name �Kopitiam� to be banned and they can�t use that marks anymore . It made Kopitiam entrepreneurs in Indonesia to form Kopitiam Indonesian Employers Association (PPKTI), in order to maintain the element name as a trademark Kopitiam their long life. Judge will turn a blind eye as meaning business �Kopitiam� itself , which should be considered in the decision of the judges is �Kopitiam� overall, ie in terms of logo, presentation, menu and flavor on offer, should not specialize word �Kopitiam� only to a business brand registered in advance