PENYELESAIAN SENGKETA HAK ATAS MEREK TERKAIT PERSAMAAN LOGO

Abstract

A brand in the world of commerce is a company asset that aims to differentiate one product or service from another. Therefore a product must register its trademark to get protection from the many cases of imitation or similarities to existing brands. Anyone can get a brand, as long as they have innovation they can create their own brand. In today's development, it turns out that many things are happening, for example in a company that has the same brand on the logo with other companies. The similarity of the logo on the brand certainly creates a conflict where the parties feel that the brand is theirs. However, this can be proven by the existence of a brand certificate issued by the Directorate General of Intellectual Property, Ministry of Law and Human Rights of the Republic of Indonesia. Where the company that has obtained the certificate for the first time has the right to get protection from confusion regarding the brand similarity. The certificate owned by the company is proof of legal ownership of the recognized mark. This study aims to find out about how to resolve disputes regarding the existence of a logo similarity on a brand which of course refers to the Law on Trademarks and its legal protection for Marks. This research is based on the type of normative legal research, namely research that is used to study legal principles and principles that are carried out by examining library materials or secondary data. Secondary data was obtained from a study of literature and other literature related to the problem of brand disputes that have similarities in principle to a product.

Keywords : Equal logo, Brand, Dispute