Analisis Yuridis Atas Permohonan Pembatalan Merek Terdaftar yang Memiliki Persamaan pada Pokoknya (Studi Putusan Pengadilan Niaga Nomor 44/Pdt.Sus-Merek/2019/PN Niaga.Jkt.Pst. dan Putusan Mahkamah Agung Nomor 794 K/Pdt.Sus-HKI/2020)

Abstract

Trademark Cancellation is a procedure undertaken by one party to search for and eliminate the existence of registration of a Trademark from the Trademark General Registry. Parties who feel aggrieved by such registration may file a lawsuit for cancellation as stipulated in Article 20 and Article 21 of the Trademark Law The issues in this study are: how is the procedure for requesting the cancellation of a registered Trademark that has substantial similarity in essence under Law Number 20 of 2016 concerning Trademarks and Geographical Indications, what are the legal considerations of the Commercial Court judges in the decision that rejected the lawsuit for the cancellation of a registered Trademark that has substantial similarity essence number 44/PDT.SUS. Merck/2019/PN. Niaga. Jkt Pst, and what are the legal considerations of the Supreme Court judges in the decision that granted the lawsuit for the cancellation of a registered Trademark that has substantial similarity in essence member 794 K/PDT.SUS-HKI/2020. This research is descriptive-analytical with a normative juridical approach Qualitative analysis method is used to process and analyze the research data and then conclusions are drawn using deductive method through normative framework The results show the procedure for filing a cancellation of a registered Trademark is regulated in Articles 76 to 79 of the Trademark Law and is allowed as long as it is done by an interested party, accompanied by reasons for cancellation in Article 20 and/or Article 21. The legal considerations of the Commercial Court Judges who rejected the lawsuit for the cancellation of a registered Trademark were less precise, careful, and thorough in applying the law by stating that the lawsuit was not acceptable based on past time or expiration The legal considerations of the Supreme Court julger who granted the lawsuit for the cancellation of a registered Trademark were correct and appropriate, and have shown that the principle of legal certainty in providing assurance that the law has worked and justice has been achieved Suggestions that can be given include: the Trademark Law is expected not only to regulate the procedure for filing a request for Trademark cancellation, but also to regulate the implementation of Trademark cancellation. The decision of the Commercial Court Judges who rejected the lawsuit for the cancellation of a registered Trademark should be more careful and thorough in deciding whether a law for Trademark cancellation can be accepted or not by looking at the applicable legal regulations and principles. So that the decision of the Supreme Court granting the lawsult for the cancellation of a registered Trademark can be complied with by the parties along with the legal consequences therein, this decision is expected to be a consideration in cases of cancellation requests for a Trademark in the future.