Abstract: Abstract: This study aims to analyze the legal
protection for trademark rights holders whose trademarks
are commercially used without permission, with a case
study of passing off involving the Alfamart and Almaduro
trademarks in Rambipuji, Jember. The research employs a
normative juridical approach using two main methods: the
statute approach and the conceptual approach. The legal
materials used consist of primary, secondary, and tertiary
legal sources obtained through literature study and
interviews. The analysis is conducted normatively by
examining laws and regulations, legal doctrines, and
relevant literature, particularly Law Number 20 of 2016
concerning Trademarks and Geographical Indications.
The results indicate that the use of the Almaduro
trademark has substantial similarities with the Alfamart
trademark in terms of appearance and type of business,
thereby constituting trademark infringement and
indicating bad faith through an attempt to exploit the
reputation (passing off) of the registered Alfamart
trademark. Legal protection for the Alfamart trademark
owner is provided through preventive and repressive
measures. Preventive protection is implemented through
the trademark registration system that grants exclusive
rights to registered trademark owners, while repressive
protection is carried out through civil lawsuits in the
Commercial Court and the application of criminal
sanctions. The legal consequences include compensation,
cessation of the use of the infringing trademark, and
potential criminal sanctions in accordance with applicable
laws and regulations.