Legal Protection for Registered Trademark Holders Against Trademark Infringement

In the era of development aligned with international conventions, the role of brands has become crucial in maintaining business competition and must comply with existing trademark regulations. Legislation regarding trademarks in Indonesia has undergone numerous changes to adapt to the needs and developments of the times, starting with Law No. 14 of 1997 concerning Trademarks, amended by Law No. 15 of 2001 concerning Trademarks, and most recently, Law No. 20 of 2016 concerning Trademarks and Geographical Indications. For consumers, a brand not only facilitates identification but also serves as a symbol of self-esteem. Individuals accustomed to choosing products from a particular brand tend to continue using that brand for various reasons, such as familiarity, trustworthiness, product quality, and more. Thus, the function of a brand as a guarantee of quality becomes increasingly evident, especially concerning reputable products. This research adopts a normative juridical research approach. The findings of this study indicate that legal protection for trademarks is granted, whether foreign or local, famous or not, only to registered trademarks. Therefore, every brand owner is encouraged to register their trademark with the Directorate General of Intellectual Property Rights to obtain legal protection for their brand. Legal protection based on the first-to-file principle is provided to registered trademark holders with ‘good faith’ both in a preventive and repressive manner. Considerations by the judge in deciding trademark infringement cases, as in Decision Number: 1349 K/Pdt.Sus-HKI/2022, are as follows: The plaintiff alleges ownership of the ERG trademark (ERG logo) with Registration Number IDM000540156, dated March 8, 2014, in class 25 to protect footwear and apparel products. The naming of ERG is based on the plaintiff’s idea to design and develop ergonomic products. Therefore, the translation information in the intellectual property database for the ERG trademark is ergonomic fashion products. The plaintiff claims that the defendants have infringed the trademark by using the ERG mark, which is substantially or entirely identical to the plaintiff’s ERG mark, Registration Number IDM000540156 owned by Mr. Muhamad Adi Mulya Pranata without rights and unlawfully