ANALISIS KEPASTIAN HUKUM DAN PERTIMBANGAN HAKIM DALAM SENGKETA PEMBATALAN MEREK TERHADAP STUDI KASUS PUTUSAN NO. 01/PDT.SUS/HKI-MEREK/2024/PN NIAGA SMG

The background of this study is taken from a trademark dispute case that was settled through litigation at the Semarang Commercial Court. This study aims to analyze the legal considerations used by the panel of judges in canceling a registered trademark from the perspective of legal certainty. The objectives outlined by the author have the following problem formulation: What are the legal considerations used by the panel of judges in revoking a registered trademark in trademark dispute case number 01/Pdt.Sus/HKI-Merek/2024/PN Niaga Smg in terms of legal certainty? This research is empirical juridical research, or in short, field research using the case approach and conceptual approach. The research was conducted at the YH&Partner Law Office and the Semarang Commercial Court. The results of this research show that the panel of judges' legal considerations in revoking the registered trademark (Defendant) were not based on the facts. Therefore, the Panel of Judges misinterpreted the similarity of the trademarks in essence and did not reflect the principle of legal certainty because it ignored the first-to-file principle as stipulated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications.