ANALISIS YURIDIS TERHADAP PENYELESAIAN SANGKETA MEREK ANTARA SOLARIA DAN SOLARIS SERTA AKIBAT HUKUMNYA TERHADAP HAK EKSLUSIF YANG DIMILIKI SOLARIA

Abstrak

Brands are so important for the continuity of a business that it makes sense that they must be registered and trademark rights granted. Granting trademark rights helps prevent trademark infringement lawsuits or brand similarity incidents. Granting trademark rights helps prevent trademark infringement lawsuits or brand similarity incidents. In Decision Number: 3/Pdt.Sus-HKI/2020/PN.Niaga. Mks where the SOLARIA and SOLARIS brands have similar brand names, giving rise to disputes. Therefore, to avoid using the trademark on other parties, business actors are required to register the trademark. In this research, the main problem is how to resolve the trademark between SOLARIA and SOLARIS and what are the legal consequences of the issuance of a trademark rights certificate for Solaris regarding the exclusive rights owned by SOLARIA. This research is normative juridical research which is descriptive analysis, so that the data obtained is analyzed qualitatively using secondary data sources, so that it can be scientifically justified. The legal basis refers to Article 76 Paragraphs (1) and (3) in conjunction with Article 77 Paragraphs (1) and (2) Law Number 20 of 2016 concerning Marks and Geographical Indications. The results of the research on the resolution of the SOLARIA brand dispute as the Plaintiff with the SOLARIS brand refer to Law Number 20 of 2016 concerning Marks and Geographical Indications. This is based on the Plaintiff being the owner of the SOALRIA brand which was previously registered and has essentially the same thing as the SOLARIS brand and the legal consequences of the issuance of a brand rights certificate for SOLARIS regarding the exclusive rights owned by the SOLARIA brand, namely the Defendant's brand (SOLARIS) being canceled or abolished, the end of legal protection for the brand owned by the defendant (SOLARIS), the cancellation of the license agreement for the defendant brand (SOLARIS) and material and immaterial losses that the defendant must suffer.