PENERAPAN PRINSIP FIRST TO FILE DAN PRINSIP MEREK TERKENAL DALAM PERKARA PEMBATALAN MEREK (Studi Perkara Merek EIK Engineering Melawan PT. Engineering Indonesia Karya dalam Putusan PN. Niaga Nomor : 46/Pdt.Sus/Merek/2016/PN.Niaga.Jkt.Pst.Jo Putusan MA. Nomor 1300 K/Pdt.Sus-HKI/2017)

The condition of business competition in Indonesia today is growing rapidly by bringing various concepts to attract the attention of consumers. To develop as a brand owner, you must have a goal to make your brand a famous brand. To make a brand a well-known mark, the brand owner must meet several criteria as referred to in Law Number 20 of 2016 concerning Marks and Geographical Indications, among others; TRIPs Agreement, Paris Convention, World Intellectual Property Organization (WIPO). One of the main legal issues in the field is the conflict between the owners of identical brands, for example the conflict between the EIK Engineering brand and PT. EIK Engineering Indonesia Karya. The purpose of this paper is to find out the considerations of the commercial court in using the first to file principle in rejecting the plaintiff's claim and to find out that the Supreme Court in the cassation level uses the application mark principle in filing a lawsuit. Based on this research, the judge has rejected the plaintiff's claim in the commercial court on the grounds that the defendant registered the trademark correctly in accordance with the trademark law. because they felt that the plaintiff was not satisfied with the result of the commercial court's decision, the plaintiff filed an cassation at the Supreme Court and the result was that the Supreme Court filed a commercial court decision because the cassation applicant could prove that the mark is a well-known mark