Analisis Yuridis Gugatan Penghapusan Pendaftaran merek (studi Kasus Gugatan Penghapusan Pendaftaran Merek Rezeki Dalam Perkara No.03/Pdt.Sus-Merek/2015/PN.Niaga Medan)

Suwarno, Tomy (2019) Analisis Yuridis Gugatan Penghapusan Pendaftaran merek (studi Kasus Gugatan Penghapusan Pendaftaran Merek Rezeki Dalam Perkara No.03/Pdt.Sus-Merek/2015/PN.Niaga Medan). Other thesis, Universitas Islam Riau.

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Abstract

The Plaintiff in his lawsuit was the Chair of the Commercial Court at the Court Negeri Medan ordered the Directorate General of Intellectual Property Rights The Department of Law and Human Rights of the Republic of Indonesia to do cancellation of REZEKI Brand with certificate No. IDM000137573 on behalf of the Defendant. In accordance with the provisions of article 68 paragraph 2 of Law No. 15 of 2001 concerning Trademarks, The Plaintiff has submitted a REZEKI Trademark registration with an agenda number J002015027969 dated 29 June 2015 at the Directorate General of Wealth Rights Intellectual. The Plaintiff has received a reply letter from the Ministry of Law and RI Human Rights Number HKI.4.01.09-18413 / 2015 concerning official excerpts of the Certificate REZEKI Brand on behalf of the Defendant with Certificate Number IDM000137573 and considering the provisions of Article 69 paragraph 2 of Law No. 15 of 2001 concerning Brands, then the cancellation lawsuit against the REZEKI brand is registered based on bad faith certificate No. IDM000137573 has no limits time to file a cancellation suit, this claim can be filed according to law. The author sets out the main problem about how the Elimination Suit Registration of the Sustenance Brand in Case No. 03 / Pdt.Sus-Merek / 2015 / PN.Niaga Medan and Legal Considerations of the Judges of the Medan Commercial Court on the Claim Request for Cancellation of REZEKI Brand in Case No. 03 / Pdt.SusMerek / 2015 / PN.Niaga Field. This study of its types is included in normative legal research, namely Research to study the cases studied originating from secondary data which consists of 3 (three) legal materials, namely primary, secondary and tertiary legal materials. Whereas when viewed from its nature, this study is descriptive, namely research that explains in clear and detailed sentences about the lawsuit elimination of brand registration (case study lawsuit elimination of brand registration sustenance. From the results of the research and discussion that the Elimination of Registration Claims Brand Rezeki in Case No. 03 / Pdt.Sus-Merek / 2015 / PN.Niaga Medan that the plaintiff stated that the Defendant had committed an unlawful act because of imitating the REZEKI brand that the Plaintiff had registered with the Directorate General of Intellectual Property Rights. Legal Considerations of the Judges of the Medan Commercial Court for Lawsuits Request for Cancellation of REZEKI Brand in Case No. 03 / Pdt.SusMerek / 2015 / PN.Niaga Field that based on evidence in court Plaintiff prove that it was he who first registered the REZEKI brand to the Directorate General of Intellectual Property Rights, so that the REZEKI brand also has similarities and have also been registered by the Defendant at the Directorate General of Intellectual Property Rights it must be canceled legally, because it is considered to imitate the same brand.

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