Pelindungan Hukum terhadap Merek Terdaftar yang Memiliki Persamaan pada Pokoknya dengan Merek Terdaftar Lainnya untuk Barang dan Jasa Sejenis (Studi Putusan Nomor : 2/Pdt.Sus-HKI/Merek/2021/PN Niaga Mdn)

Abstract

A brand is an intellectual property which comes from human creativity in which in the business world a brand has an economic value which becomes a valuable asset. However, up to the present, there have been many offenses against brands. The similar principle with a registered brand for the same kinds of is one of the same kind of goods and services which one of the causing factors which causes offense in the brand. This occurs in the Case No. 02/Pdt.Sus- HKI/Merek/PN Niaga Mdn, between the plaintiff and the Defendant who owns the brand which has the same principle on goods and services. The research problems are as follows: how about the criteria of a brand which has the similarity in principle ad or the whole to other brands, how about the classification of the same kind of a registered brand in goods and services, and how about the legal protection for a registered brand in goods and services, based on the ruling No. 2/Pdt.Sus-HKI/Merek/2021/PN Niaga Mdn. The research uses juridical normative method, using secondary data as the main source. The research also uses descriptive analytic approach, and the data are gathered by conducted library research. The result of the research shows that the same principle in a brand, viewed from its resemblance, due to a dominant element between a brand and another one so that it causes an image there are similarities in utterance sound in the brands, classification of a brand does not determine its criteria of whether the brand has similar or not. The criteria of goods and/or services are determined by Article 17, point 2 of Permenkumham. No.67/2016. In the ruling No. 02/Pdt. Sus.HKU/Merek/2021/PN Niaga Mdn, it is stated that preventive protection has not been implemented completely and legal protection is not implemented properly.