DISPUTE ON MS GLOW AND PS GLOW TRADEMARK IN A FIRST TO FILE SYSTEM PERSPECTIVE Putu Ratih Aprillia, Putu Ayu Sriasih Wesna, I Made Arjaya
Universitas Warmadewa, Denpasar-Bali, Indonesia
Abstract
This research was conducted because there are trademark similarities between MS GLOW and PS GLOW. In the search it was found that the trademark registered by MS GLOW was in the powder drink classification, while PS GLOW registered its trademark in the cosmetic class. In accordance with the Trademark Law, a mark may not have the same principal as other trademarks. The legal research method used in writing this thesis is normative legal research with a statutory approach, a legal concept analysis approach and a case approach. The author uses the theory of legal protection and the theory of legal certainty on these legal issues. The trademark registration system is closely related to the legal protection of trademark rights. There are two types of systems for registering a mark, namely a system with a declarative principle (first to use) and a system with a constitutive principle (first to file). A system with a declarative principle (first to use), which means that a person or legal entity uses a trademark for the first time, is given legal protection. This system is considered to lack guarantees of legal certainty because it is related to evidence which is not easy to prove who used the mark first because rights will arise with the first use, not with the first registration. Meanwhile, the constitutive principle (first to file) is the principle where the trademark owner gets the presumption that it is legitimate to register first. In this system, trademark rights are obtained after the mark is registered. Thus, other parties cannot have the same trademark. In this case, no one may imitate, resemble, use an object or service if the owner of the mark does not allow it. Through these disputes, it can be concluded that trademark registration is very important because it is a means of proof of ownership in the event of a trademark dispute.
Keywords: Dispute, Trademark, First to file system
Topic: Law on Business, Business Competition, and Prohibition of Monopoly
