Law No. 20 of 2016 concerning Marks and Geographical Indications regulates the
existence of trademark rights for registered trademark. The owner of a registered
trademark has the right to use his own trademark or give permission to other parties
to use his trademark. This means that no one may use a trademark that is similar
or the same as a registered trademark. However, the facts show that the Burjo King
trademark (unregistered trademark) has a visual resemblance to the Burger King
brand (registered trademark). Therefore, in this study the problem to be examined
is whether the use of the Burjo King trademark can be qualified as violating the
rights to the Burger King trademark. The purpose of this study is to find out and
analyze whether the use of the Burjo King trademark which resembles the Burger
King trademark can be qualified as a violation of the rights to the Burger King
trademark. This research is a type of normative research, namely research that
focuses on legal norms. The data used is secondary data consisting of primary legal
materials and secondary legal materials. These data are then used to qualitatively
analyze specific matters. Based on the results of the analysis, conclusions are
drawn using the deduction method so that the conclusions are specific. The
conclusion in this study is that the use of the Burjo King trademark is a violation of
the Burger King trademark because Burjo King unlawfully uses a trademark that
has similarities in principle to the Burger King trademark and trades goods and
services similar to Burger King.