KUALIFIKASI HASIL SURVEI PASAR SEBAGAI CARA UNTUK MENENTUKAN TIDAK DIGUNAKANNYA MEREK TERDAFTAR

Non-use trademark could be a problem in registering a trademark by other business. Non-use trademark could obstruct the process of trademark registration. It could also hinder business competition. One of the method used to determine a non-use trademark is market survey result. It is also used as evidence in non-use trademark case. The problem of using market survey result is that there is no regulation related to market survey results as a method to determine non-use trademark. Lack of regulation causes lots of different form of Market survey results which receive different opinion from one judge to another. In one cases dissenting opinion between judges could also occur in considering usage of market survey results. The method that used in this research is legal normative method. The data used by writer is secondary data. The result of this research is: based on the judge opinion, market survey results could be used to determine nonuse trademark if market survey results fulfill two criteria which is, market survey results should be taken from independent third party that have knowledge about market survey. Market survey results should be taken from places that could represent market survey is not used in Indonesia