Proceedings of the 3rd Multidisciplinary International Conference, MIC 2023, 28 October 2023, Jakarta, Indonesia

Research Article

Legal Analysis of the Use of Trademarks that have Similarities at Their Core or Entirely (A Study of Decision Number 55/Pdt.Sus-HKI/Merek/2022/PN Niaga Jkt.Pst)

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  • @INPROCEEDINGS{10.4108/eai.28-10-2023.2341834,
        author={Suparno  Suparno and Bhimo Aji  Hernowo},
        title={Legal Analysis of the Use of Trademarks that have Similarities at Their Core or Entirely (A Study of Decision Number 55/Pdt.Sus-HKI/Merek/2022/PN Niaga Jkt.Pst)},
        proceedings={Proceedings of the 3rd Multidisciplinary International Conference, MIC 2023, 28 October 2023, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={MIC},
        year={2023},
        month={12},
        keywords={trademark similarities intellectual proterty rights legal consequences},
        doi={10.4108/eai.28-10-2023.2341834}
    }
    
  • Suparno Suparno
    Bhimo Aji Hernowo
    Year: 2023
    Legal Analysis of the Use of Trademarks that have Similarities at Their Core or Entirely (A Study of Decision Number 55/Pdt.Sus-HKI/Merek/2022/PN Niaga Jkt.Pst)
    MIC
    EAI
    DOI: 10.4108/eai.28-10-2023.2341834
Suparno Suparno1, Bhimo Aji Hernowo1,*
  • 1: Universitas Borobudur
*Contact email: hernowobhimo@gmail.com

Abstract

The legal consequences of the use of trademarks that have similarities at their core in Decision Number 55/Pdt.Sus-HKI/Trademark/2022/PN Niaga Jkt.Pst, as viewed through Law No. 20 of 2016 concerning Trademarks and Geographical Indications, were the subject of this study. The research conducted by the author was of a normative legal nature, using a literature review to explain the research findings with relevant literature. The approach used by the author was a legislative approach, particularly focusing on Law Number 20 of 2016 concerning Trademarks. The conclusion of this research is that the legal consequences of using trademarks that have similarities at their core, in this case, align with the plaintiff's claim, stating that the legitimate owner and user of the trademark in question is PT. Supra Usadhatama, and the registration of the trademark "PROVIT-C" under the name of PT. Mahakam Beta Farma should be rejected because it bears similarities at its core to the trademark "PRO-FIT."