KRITERIA UNSUR MILIK UMUM DALAM PENDAFTARAN MEREK BERDASARKAN PASAL 5 HURUF C UNDANG-UNDANG NOMOR 15 TAHUN 2001 TENTANG MEREK

Trademark has a very important role because trademark differentiate goods or services which traded in the market. Absolute requirement for trademark registration is that the trademark should have a differentiating factor. Article 5 letter (c) Law No. 15 of 2001 about Trademark regulate that a trademark could not be registered if which trademark has belongs to public. Article 5 letter (c) Law No. 15 of 2001 about Trademark explanation did not explain the meaning and the criteria belongs to public factor which raise problem in society. Many cases about trademark in society especially related to the belongs to public factor contained in Article 5 letter (c) Law No. 15 of 2001 about Trademark forcing the need of more explicit and more concrete limitation for the belongs to public factor. In order to ensure law certainty for trademark holder then there must be more explicit and concrete rules regulating which trademark can be registered and cannot be registered. This research is a normative law research with purpose to acknowledge how the belongs to public criteria in trademark registration based on Article 5 letter (c) Law No. 15 of 2001 about Trademark. The result of this research show that the belongs to public factor contained in Article 5 letter (c) Law No. 15 of 2001 about Trademark only refer to limited people comprehension