Tinjauan Hukum Terhadap Pembatalan Merek Terdaftar Yang Mempunyai Persamaan Pada Pokoknya Dengan Merek Yang Sudah Terdaftar Terlebih Dahulu (Studi Putusan Mahkamah Agung No. 242 K/Pdt.Sus-HKI/2022)

Abstract

A trademark is a form of intellectual property that plays a vital role in trade and business competition at the global level. Essentially, a trademark is a sign or identity of a product that functions to distinguish it from other trademarks. Legal provisions and protections for trademarks are regulated under the Law on Trademarks and Geographical Indications (UU MIG). However, in practice, trademark disputes still frequently occur and often trigger unfair business competition. One such dispute involves the cancellation of a trademark due to essential similarity between the trademarks “ARRA + IMAGE” and “COCO ARRA”. This study examines the legal framework governing the criteria for essential similarity according to the Trademark and Geographical Indication Law, the legal consequences for registered trademarks that bear essential similarity to previously registered trademarks, and an analysis of the legal considerations by the Panel of Judges in Decision No. 70/Pdt.Sus-HKI/Merek/2019/PN Niaga.Jkt.Pst and Supreme Court Decision No. 242 K/Pdt.Sus-HKI/2022 in determining the presence of essential similarity to a registered trademark. This research employs a normative juridical method with a descriptive-analytical approach. The legal approaches used include the statute approach and the case approach. The data source is secondary data consisting of primary, secondary, and tertiary legal materials. Data collection was conducted through a literature review with document study as the data collection instrument, and the analysis was carried out using qualitative methods. The findings indicate that the judicial considerations in Decision No. 70/Pdt.Sus-HKI/Merek/2019 were inaccurate, as they failed to recognize the dominant element “ARRA + IMAGE” within the “COCO ARRA” trademark, which may deceive and mislead consumers. On the other hand, the judicial reasoning in Supreme Court Decision No. 242 K/Pdt.Sus-HKI/2022 was appropriate and in accordance with the Trademark Law, as it proved that the “COCO ARRA” trademark bears essential similarity to the “ARRA + IMAGE” trademark. Therefore, the registration of “COCO ARRA” is subject to cancellation.