The Application of the First-to-File Principle in Trademark Protection: A Juridical Analysis

Bobby Adhityo Rizaldi — 2026-10-19

Legal protection of protection in Indonesia follows a constitutive registration system based on the first-to-file principle, but its application may conflict with actual use, good faith, and ownership of similar marks. This study aims to examine the application of the first-to-file principle in Indonesia’s trademark protection system through an analysis of Decision Number 79/Pdt.Sus-HKI/Merek/2024/PN Niaga Jkt.Pst. and to evaluate the judicial considerations applied by the panel of judges based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications. This study employs a normative juridical method using statutory and case approaches. Legal materials were obtained through literature studies involving primary, secondary, and tertiary sources and analyzed qualitatively using descriptive-analytical methods. The findings reveal that although the first-to-file principle remains the primary basis for trademark ownership, its application is not limited to formal registration requirements. In the examined case, the Court considered continuous commercial use, evidence of trademark exploitation, and the absence of bad faith in determining the validity of trademark protection. The deletion claim was rejected because the Plaintiff failed to prove five years of non-use under Article 74. This study concludes that, first-to-file must consider actual use and good faith to balance legal certainty and fair trademark protection.

Lex Publica

The Application of the First-to-File Principle in Trademark Protection: A Juridical Analysis