A Juridical Review Of Trademark Rights For Aluminum Handicrafts In Tanjung Atap Village, Ogan Ilir Regency

Abstract

This study aims to analyze the juridical aspects of trademark rights in aluminum handicraft businesses in Tanjung Atap Village, Ogan Ilir Regency, and to identify the factors that hinder trademark creation and registration. This research employed an empirical juridical method supported by a normative juridical approach. Data were collected through library research and interviews with aluminum handicraft entrepreneurs and the Regional Office of the Ministry of Law of South Sumatra. The findings indicate that the trademarks used by Rohib and Habib have not been registered with the Directorate General of Intellectual Property and therefore have not obtained legal protection as stipulated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications. The main obstacles to trademark registration include limited understanding of the benefits and registration procedures, the perception that the registration process is complicated, concerns regarding registration costs and tax obligations, and the lack of socialization and assistance from the relevant authorities. This study concludes that trademark registration is an essential step in obtaining exclusive rights and legal certainty for business actors. Therefore, greater legal education and institutional assistance are needed to encourage MSMEs to register their trademarks.