The Urgency of Trademark Registration for Business Actors (Case Study of Supreme Court Decision No 575 K / Pdt.Sus-HKI / 2020 Between Ruben

Brand registration is very important for business people. A brand is one of the distinguishing entities between the business activities of business actors. The problem occurs when business actors already have a trademark which is then well known in the community but in fact they have not registered the trademark, as experienced by Ruben Samuel Onsu with his Geprek chicken business. However, in its development, it turns out that there are other business actors using the same mark but have registered the mark. This research was conducted using a normative method through a statutory approach and concepts. This research examines the Supreme Court's decision rejecting the appeal from Ruben Samuel Onsu and analyzes the urgency and procedures for trademark registration. Based on the research results, trademark law in Indonesia is regulated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications. The terms and procedures for application for registration of a mark are regulated in Article 4 Article 8 and further regulated in the Regulation of the Minister of Law and Human Rights No. registration of a mark and being recognized as the legal owner of the mark and rights to the mark are obtained after the mark is registered. Ruben Onsu's Bensu mark was declared invalid because Ruben Onsu was not the first party to register the mark, and the Supreme Court decided to cancel all trademark applications made by Ruben Onsu.


A. BACKGROUND
In trading practices in Indonesia, from micro, small and medium enterprises, you can find a wide variety of goods using wellknown brands, but they are actually just imitations. Likewise with large business actors, although they do not escape cases regarding business disputes, especially brands.
Business people should realize how important it is to have their business brand registered. A brand is an entity that differentiates between business actors' business activities. With the existence of a brand, consumers can distinguish one business actor from another. However, many business people are not aware of the trademarks they have to register. In fact, when a business actor's brand is well known and no registration has been made, it will cause problems.
Brand is one of the most important things in every business, therefore it is important to get protection both at the national and international levels. Besides functioning as an identity, a trademark is also a manifestation of intellectual property that needs to be protected by ownership through registration at the Ministry of Law and Human Rights. (1) An application is submitted by filling in duplicate forms in Indonesian by the applicant or his proxy to the minister.
(2) The application contains at least: f. brand labels, and g. class of goods and / or class of service and description of the types of goods and / or types of services.
Registration applications can be made electronically and non-electronically.
The trademark registration system is first to file, which means that the party who first applies for registration is given priority to obtain the registration of a mark and is recognized as the legal owner of the mark and the rights to the mark are obtained after the mark is registered.

Marks
In trademark law, if a business actor has registered for the first time, then he is  business. Yangcent and Stefani are friends of Evan Jordi, and when they started their business they were busy with other jobs, so they accepted Evan's offer. At that time Evan Jordi also asked a quality control person who worked in the kitchen. In the copy of the verdict, Yangcent suspects that the employee who was stationed in the kitchen had to know the formula or recipe for how to cook the 'I am Geprek Bensu' menu. In July 2017, Evan Jordi pulled back his employees. Furthermore, in August 2017, Jordi and Ruben opened a food business 'Geprek Bensu' with a type of food, logo and arrangement similar to 'I Am Geprek Bensu'. 4. Ruben received a transfer of IDR 663 million as a promotional ambassador. Evan Jordi also offered Ruben as a promotional ambassador for the food business brand 'I Am Geprek Bensu'. Ruben, who is an artist, helps promote the Benny Sujono family-owned business. As a promotional ambassador, Ruben's photo was displayed at several 'I Am Geprek Bensu' outlets. As compensation, Yangcent and his siblings provided the golden share which was transferred from 9 May 2017 to 14 August 2017. From the evidence in the copy of the decision, the total money transferred to Ruben was IDR 663 million. 5. Ruben was prohibited from using the six 'Geprek Bensu' brands. In trademark law, there are two principles of trademark registration, namely a declarative system (first to use) and a constitutive system (first to file). First to use means whoever uses a mark first, he is the one who is deemed entitled by law to the mark concerned. As for the first to file principle, whoever registers a mark for the first time is the trademark holder, as long as it cannot be proven otherwise within a certain deadline. Indonesia adheres to the first to file principle. This is in accordance with Article 3 of Law No. 20 of 2016, namely the right to a mark is obtained after the mark is registered. Registration of marks using a constitutive system (first to file) guarantees more legal certainty for holders of trademark rights, however business actors still lack awareness of registering trademarks.

The trademark registration system in
Indonesia is first to file, which means that the party who first applies for registration is given priority to obtain the registration of a mark and is recognized as the legal owner of the mark and the right to the mark is obtained after the mark is registered.

The Law on Trademarks and
Geographical Indications adheres to a constitutive principle, meaning that registration is a must to obtain legal protection, therefore registration is proof of ownership, as well as a basis for refusal for other parties to register their marks because there are similarities in essence and prevent other parties from using the mark which is not their right. . Indications, which states that the Right to a Mark is obtained after the Mark is registered, and is the first to file an application. trademark registration is a Yangcent party.