<![CDATA[This study examines the normative relationship between Indonesia’s constitutive trademark system, commonly described as the first-to-file principle, and the statutory standard of persamaan pada pokoknya. Its novelty lies in separating the functions and legal consequences of Article 3, Article 21(1), Article 21(3), and the cancellation mechanism, and then testing their application in the “Geprek Bensu” dispute. This normative legal research applies statutory, case, and conceptual approaches to Law Number 20 of 2016 on Trademarks and Geographical Indications as amended by Law Number 6 of 2023, its implementing regulation, Decision Number 57/Pdt.Sus-Merek/2019/PN Niaga Jkt.Pst, and Supreme Court Decision Number 575 K/Pdt.Sus-HKI/2020. The materials were analyzed through grammatical and systematic interpretation, while the ratio decidendi was identified from the legal issues, judicial reasoning, and operative orders. The study finds that trademark rights arise after registration, whereas filing priority determines the order of competing applications. Persamaan pada pokoknya and bad faith are separate grounds that may support refusal or cancellation and require distinct proof. In the dispute, the Commercial Court rejected the claim in convention, partly granted the counterclaim, and ordered the cancellation of six later registrations; the Supreme Court rejected the cassation after examining the complete marks and the parties’ promotional relationship. The study recommends more explicit substantive-examination reasoning without reducing trademark ownership to filing priority alone.]]>
