ANALISIS YURIDIS IMPLIKASI KESAMAAN PADA POKOKNYA DALAM PENDAFTARAN DAN PERLINDUNGAN HAK ATAS MEREK (STUDI KASUS MS. GLOW VS PS. GLOW)

Indonesia

Abstract

Inherent similarity to a brand can be categorized as one of the violations against a brand. This study aims to find out the legal consequences and protection of trademarks that have been determined by the Ministry of Law and Human Rights which are indicated to have similarities in the main case of MS GLOW and PS GLOW. The research method uses normative juridical research with a literature study approach. The results of the research on the case have caused legal consequences of injustice for many parties such as brand owners; user; and the community; and make the public lose their sense of trust in the Ministry of Law and Human Rights. The protection of the trademark that occurs is to obtain compensation for trademark infringement committed; and cancellation of trademark registrations that commit infringement.