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.