Comparison of First to File Doctrine and Trademark Dispute Settlement Mechanism in Indonesia and the United States

Abstract

The research explained comparatively the application of the first to file doctrine and the trademark dispute settlement mechanism in Indonesia and in the United States. The purpose of this research was to provide a broad explanation of the application of the first to file doctrine and provide an overview of the mechanism for settling the problem of infringement of trademark rights. This study used a normative juridical research method with a statutory approach (Statute Approach) accompanied by a Comparative Approach, the data used was secondary data. Based on the research results, it was known that the Trademark Law still recognizes and / or implements the first to file and first to use doctrine. In Indonesian law, which basically adheres to the first to file doctrine, it still provides room for the first user to claim ownership of a trademark. Meanwhile, The Lanham Act accommodates the doctrine of first to use and first to file simultaneously but is limited by the trademark rights protection space. The mechanisms for settling trademark rights infringement disputes in Indonesia and in the United States have similarities and differences. The similarity is in both country, trademark dispute settllement is done through the litigation and non-litigation mechanism. The difference is that in Indonesia the most common mechanism is litigation, while in the United States the non-litigation mechanism is preferred in settling disputes over trademark rights.