PENERAPAN PERSAMAAN UNSUR POKOK DALAM SENGKETA MEREK TERKENAL BERDASARKAN UNDANG-UNDANG NOMOR 15 TAHUN 2001 TENTANG MEREK (Analisis Putusan Mahkamah Agung Nomor : 022.K/N/HAKI/2002)

Abstract

Cornetto as well-known foreign brands are having legal problems with
their registration Campina Cornetto with No. Registration 425 985 in the Office of
the Director of IPR. Registration Campina Cornetto have similarities in principle
with Cornetto that are well known. Therefore, pursuant to Article 76 of Undang-
Undang No. 15 of 2001 on the marks, the Cornetto filed for cancellation of
trademark registration in the commercial court, the case is decided in the Supreme
appeal through the Putusan Mahkamah Agung No. 022.K / N / HAKI / 2002.
This research aims to determine the application of similarity in principle
in dispute famous brand between Cornetto against Campina Cornetto, and basic
consideration both the judges and the judges judex factie and judex juris in
implementing elements of similarity in principle in the case of the mark.
This research method is a normative juridical research, which refers to
the legal norms contained in the legislation, international conventions, and the
court ruling. This study seeks to cultivate primary and secondary legal material
that has been collected is then given ratings (evaluation) using deductive logic,
namely by pulling off a major premise to the minor premise, then performed
further interpretation and arguments filed. Furthermore, the authors provide an
assessment of right or wrong or what should be according to the law or legal
events of the research results.
The results of this research is to show that the registration of Campina
Cornetto there are similarities in principle to Cornetto, as foreign brands are wellknown
in advance. The panel of judges in applying the similarity in principle can
be seen from the form, placement means, ways of writing, and pronounciation, as
well as combinations of these elements. In addition, the similarity in principle in
trademark disputes have accompanied any element of bad faith of the defendant /
respondent appeal. The cornerstone of the application of the equation principally
measured based on legal regulations of national and international as well as see
the knowledge society to the development of the mark in question.
Keywords: Law of Trademarks, Equation In any case, and well-known mark