PERLINDUNGAN HUKUM TERHADAP MEREK TERKENAL YANG BELUM DIDAFTARKAN BERDASARKAN ASAS KEPASTIAN HUKUM (STUDI PUTUSAN NOMOR 51/PDT. SUS/MEREK/2021/PN NIAGA JKT.PST DAN PUTUSAN MAHKAMAH AGUNG NOMOR 836 K/PDT.SUS-HKI/2022)

Trademark is part of Intellectual Property Rights protected by the government of the Republic of Indonesia through Law Number 20 Year 2016 on Trademarks and Geographical Indications. In a trademark there is a so-called Famous Trademark, which is a trademark that is widely recognized by consumers and usually has a good reputation in the community. To protect well-known trademarks, some countries have established legal rules that strengthen the protection of such marks. These protections usually include prohibitions on the use of well-known marks by other parties in an adverse context. With the vulnerability of the use of well-known trademarks from trademark infringement, it is necessary to have legal certainty that must be owned by the owner of a well-known trademark. For this reason, in this thesis, the researcher wants to discuss how the legal protection of well-known trademarks that have not been registered is related to the principle of legal certainty with the study of the decision of the Central Jakarta Commercial Court Number 51/Pdt.SusMerek/2021/PN Niaga.Jkt.Pst and the decision of the Supreme Court with Number 836 K/Pdt.Sus-HKI/2022. The type of research used in this thesis is literature (Library Research) with the approach used by researchers is normative-empirical legal research. Empirical normative legal research examines the implementation or implementation of positive legal provisions (legislation) whether the provisions of the Law have been implemented as appropriate or not. The data used in this study are primary data in the form of the decision of the Central Jakarta Commercial Court Number 51/Pdt.SusMerek/2021/PN Niaga.Jkt.Pst and the decision of the Supreme Court with Number 836 K/Pdt.Sus-HKI/2022. The results obtained in this study are that in the legal protection of wellknown trademarks that have not been registered, the Panel of Judges both at the first level and the cassation level decided to use the regulatory basis of Law Number 20 of 2016 concerning Trademarks and Geographical Indications. In the decision that has been incracht at the cassation level, which contents cancel the first level decision and adjudicate itself, namely accepting all claims from STARBUCKS COMPANY. From the analysis conducted, it can be found that the Supreme Court Judges considered that STARBUCKS COMPANY's trademark is a well-known trademark and trademark registration conducted by PT SUMATRA TOBACCO TRADING COMPANY is based on bad faith. The legal effect of the decision is the removal of the STARBUCKS trademark owned by PT SUMATRA TOBACCO TRADING COMPANY Registration number IDM00342818 for class 34 of the General Register of Trademarks belonging to the Directorate General of Intellectual Property which is done to achieve legal certainty regarding legal protection of wellknown trademarks