The protection of intellectual property rights, especially trademarks, is an
important aspect in the business world, especially in global competition and free
trade. Trademark not only functions as a product identity but also as a symbol of
consumer confidence. This study analyzes the juridical aspects of the use of
Publique Bakery's trademark by Circles Bakery in Indonesia as well as the
possibility of infringement based on the principle of nationality. This study uses a
normative-juridical research method with a statutory approach and similar cases.
The results show that trademark infringement can occur if a trademark is
substantially similar to other registered trademarks, as stipulated in Law Number
20 Year 2016 on Trademarks and Geographical Indications. However, based on the
principle of nationality, marks that are not registered in Indonesia do not receive
legal protection in this country. In this case, if Publique Bakery has not registered
its mark in Indonesia, then Publique Bakery cannot sue Circles Bakery. Conversely,
if Circles Bakery has first registered its trademark, under Article 3 of Law Number
20 Year 2016 on Trademarks and Geographical Indications, Circles Bakery legally
has exclusive rights in Indonesia. Legal settlement of alleged trademark
infringement can be pursued through a trademark cancellation lawsuit at the
Directorate General of Intellectual Property (DJKI) or the Commercial Court.
Another alternative is settlement through mediation. Thus, trademark protection in
business competition must be supported by valid registration in order to have clear legal force.