Reviewing the Legality of the Use of Religious Names and Symbols for Trademarks

DOI

10.2991/978-2-494069-93-0_89How to use a DOI?

Keywords

Name and Symbol; Religion; Trademark

Abstract

Entrepreneurs use religious names and symbols to trademark their businesses so that they are easy to remember and have commercial value. A trademark is a symbol used by a wholesaler, becoming a recognizable name or symbol to identify a product or service distributed to the marketplace. Trademarks make a product easily recognizable because it is unique and different from other businesses. A trademark identifies a product as belonging to a specific firm and recognizes the company’s ownership of the mark. In Indonesia, religious names and symbols have been used as trademarks. Even if utilizing religious symbols generates discontent and outrage among the public, many enterprises already hold trademark certificates. The study seeks to determine whether religious names and symbols can be used as trademarks, as well as the legal ramifications of objections to utilizing holy names and symbols as trademarks. According to Article 20 of the Law of the Republic of Indonesia No. 20 of 2016 on Marks and Geographical Indications, a mark cannot be registered if it is incompatible with state ideology, rules, regulations, morality, religion, decency, or public order. As a result, using names and religious symbols in business is against the law. In this situation, it may be considered religious blasphemy, as defined in Article 156a of the Criminal Code concerning Blasphemy/Defamation of Religion jo. President of the Republic of Indonesia Stipulation Number 1 of 1965, changed into Law Number 1 of 1965 Concerning Religious Abuse and/or Blasphemy.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Cokorde Istri Dian Laksmi Dewi
AU  - I Wayan Santoso
AU  - I Made Sudira
PY  - 2023
DA  - 2023/01/25
TI  - Reviewing the Legality of the Use of Religious Names and Symbols for Trademarks
BT  - Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022)
PB  - Atlantis Press
SP  - 770
EP  - 777
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-93-0_89
DO  - 10.2991/978-2-494069-93-0_89
ID  - Dewi2023
ER  -