CRITERIA FOR FAMOUS BRAND & BRAND THAT HAVE THE EQUALITY IN THE ESSENTIAL
To determine the criteria for a well-known brand, the Supreme Court (“MA”) is guided by the Supreme Court Jurisprudence, namely that apart from being based on general knowledge of the public, the determination is also based on the reputation of the mark in question which has been obtained due to the promotion carried out by the owner, accompanied by proof of the registration of the mark in some countries if these things exist, these things are a powerful means of proof;
–> Decision of the Supreme Court of the Republic of Indonesia No. 022 K/N/HaKI/2002 dated 17 September 2002.
Brands that are similar in principle or as a whole can be described as follows: Similarity of Form, Similarity of Composition, Similarity of Combination, Similarity of Elements