Analisis Yuridis Putusan Nomor 811 K/Pdt.Sus-Hki/2021 Tentang Sengketa Merek Yang Memiliki Persamaan Pada Pokoknya

Abstract

The brand similarities are basically regulated in the Trademark Law which is very well known and often occurs in various places, especially in this region of Indonesia, the similarities are in the form of similarities in image elements, sound similarities, similarities in letters or words, names, numbers, colors, both in the form of composition and combination. from the composition of these elements, whether in the form of goods or services, both dissimilar and similar and based on general knowledge of the public, the quality of the mark obtained due to a very large promotion and followed by proof of the registration of the mark itself in various countries. The effect of the Supreme Court's decision Number 811 K/Pdt.Sus-Hki/2021 for registered trademark owners so that they can always protect a trademark itself is by supervising other brand owners with bad beliefs. If there is another mark which has been registered with the Director General of Intellectual Property Rights and published in the general news mark, the owner of the mark which has been registered previously or earlier can immediately submit a request if the owner of the registered mark strongly objects and proposes that the registration of the second mark be cancelled.