ANALISIS TERHADAP SENGKETA MEREK DENGAN NAMA MEREK YANG SAMA “I AM GEPREK BENSU SEDEP BENEERRR” (Studi Kasus Putusan Pengadilan Nomor: 57/PDT.SUS/Merek/2019/PN.Niaga.Jkt.Pst. jo Putusan Mahkamah Agung Nomor 575K/Pdt.Sus-HKI/2020)

Trademark Rights is a form of protection of Intellectual Property Rights (HKI) where the exclusive right will be given to the owner of the registration of a mark to use the mark in the trade of goods or services for which he is registered. In 2019, the same case arose again over the same brand name, namely "BENSU" in the brand name "I am geprek bensu sedep beneerrr" at the Central Jakarta Commercial Court with Decision Number 57 / Pdt.Sus-Brand / 2019 / PN.Niaga Jkt.Pst. "I am geprek bensu sedep beneerrr" is a brand name owned by an individual public figure, namely Ruben Samuel Onsu, which was registered on May 24, 2019. However, Chicken Geprek Benny Sujono Limited Liability Company has the same brand name and was registered on May 24, 2019. The brand is engaged in the same business, namely in the type of food business in the form of geprek chicken. From the date of registration of the mark, the two trademark holders have the same brand name "I am geprek bensu sedep beneerrr" with different paintings or logos. In the decision, based on the judges' considerations, the dispute over the same brand name between Ruben Samuel Onsu and the Chicken Geprek Benny Sujono Limited Company was won to the defendant, namely the Ayam Geprek Benny Sujono Limited Company. Based on the Decision of the Commercial District Court Number 57 / Pdt.Sus-Mark / 2019 / PN.Niaga Jkt.Pst., The plaintiff, Ruben Samuel Onsu, filed a legal remedy by filing an appeal to the Supreme Court. However, in the Decision of the Supreme Court Number 57 / Pdt.Sus-Merek / 2019 / PN Niaga Jkt.Pst., On the dispute over the same brand name, in this decision the judge decided that the holder of the mark which was retained from the judge's consideration was the Chicken Limited Company. Geprek Benny Sujono with the brand name "I am geprek sedep beneerrr" plus the logo of the brand. The name of a famous person who can be proven must have legal protection in order to defend the rights of the owner of that name. Ruben Samuel Onsu, well known by his nickname or nickname in the form of bensu in general. However, the fact in court, that the name of a well-known person who can be proven must obtain legal protection in order to defend the rights of the owner of the name is not an absolute consideration for the judge's view in deciding the ongoing case. This study uses a normative juridical approach which in this study uses a statutory approach and then legal materials, in this study consisting of primary legal materials, secondary legal materials. Judges of the Commercial Court and Supreme Court Judges against the Decision of the Commercial Court Number 57 / Pdt.Sus-Merek / 2019 / PN Niaga Jkt.Pst. Jo Supreme Court Decision Number 575K / Pdt.Sus-HKI / 2020 From the Perspective of Law Number 20 of 2016 concerning Trademarks and Geographical Indications based on Article 21 paragraph (1) of Law Number 20 of 2016 due to similarities in a brand There is a dominant element between one brand and another, giving the impression of a similarity, both regarding the form, the way of placement, the way of writing or the combination of the elements, as well as the similarity in the sound of the speech contained in the brand. Apart from that, there appeared to be bad faith over the purpose of the registration of Ruben Onsu's trademark to monopolize the business that was previously established by PT. Ayam Geprek Benny Sujono with the brand "I AM GEPREK SEDEP BENERRR" which already has a legal entity before Ruben Onsu's business is engaged in food in the form of chicken geprek. The results of this study indicate that the basis for the judges' considerations in the Supreme Court Decision Number 575K / Pdt.Sus-HKI / 2020 provides a form of legal certainty and legal protection for their business trademark holders