TINJAUAN YURIDIS TERHADAP KEDUDUKAN HUKUM DAN PERLINDUNGAN HAK ATAS MEREK TERDAFTAR YANG MEMILIKI PERSAMAAN PADA POKOKNYA

Registration of a trademark must be based on good faith. If the registration of a trademark is not based on good faith, it will give rise to trademark disputes. Most trademark disputes arise because there are elements of similarity in essence. This research aims to find out the legal position and protection of rights for registered marks which have similarities in essence. The method used in this writing is normative juridical with techniques for collecting library study materials. The conclusion and suggestion from this writing is that the legal position of registered trademarks that have similarities is basically valid, then trademark law in Indonesia adheres to the First to File principle system, which means whoever first registers or obtains a trademark certificate, is the one who has the right to the trademark. It is hoped that business actors can instil a greater sense of honesty in themselves in running their businesses and it is hoped that the Directorate General of Intellectual Property, which has the authority to check trademark registration applications, will be more thorough in carrying out its duties.