Analisis Yuridis terhadap Pendaftaran Merek Lambang Tako Seni Beladiri dengan Itikad Tidak Baik Menurut Undang Undang Nomor 20 Tahun 2016 tentang Merek dan Indikasi Geografis (Studi putusan nomor 989 K/Pdt.Sus-HKI/2024)

Abstract

Trademark registration in Indonesia is based on the "first to file" principle, granting exclusive rights to the party who registers it first. However, in practice, it is not uncommon to find trademark registrations carried out in bad faith, such as copying or piggybacking on the reputation of another party. This poses a problem in the legal protection of intellectual property rights, especially for trademark owners who have previously used and built a reputation for their trademarks. This study aims to analyze the development and regulation of trademark registration in Indonesia, identify the criteria and legal consequences of trademark registration in bad faith, and analyze the legal considerations of the panel of judges in Supreme Court Decision Number 989 K/Pdt.Sus-HKI/2024 which revoked the registration of the Tako Seni Beladiri symbol trademark. This research is a normative juridical legal study with a conceptual and case approach. Data were obtained through a literature review consisting of primary, secondary, and tertiary legal materials, and analyzed qualitatively using deductive methods. The research results show that the criteria for trademark registration in bad faith include the intention to imitate, plagiarize, or take advantage of another party's brand reputation. In Decision Number 989 K/Pdt.Sus-HKI/2024, the Supreme Court stated that the trademark registration by the Defendant was carried out in bad faith because the registered symbol is a symbol of the identity of the Indonesian Tako College which has been used for generations since 1972 without permission from the legal owner. This decision emphasizes the importance of legal protection for parties with good intentions and the need for stricter regulations regarding bad faith in trademark registration in Indonesia.