The current era of globalization raises a lot of business competition which
requires entrepreneurs to create a mark in the form of a brand to show the
differences on the traded goods and/or services, so that the goods and/or services
have differences from other mark. The owner of the mark has the exclusive right
of the goods and/or services traded when the mark has been registered at the
Directorate General of Intellectual Property. Registration of a mark can be
carried out if it meets the requirements of the application for registration of a
mark and expected that the mark does not have similarity in principal or in whole
with other registered marks, but this is not the case in practice where there are
still registered marks that have similarity in principal or in whole with the other
previous registered marks. The problems studied include: The Directorate
General of Intellectual Property ensures that a mark does not have similarity in
principal or in whole with other registered marks and the factors that cause it to
remain registered trademarks that have similarity in principal or in whole with
other registered mark. The research method used is a normative legal research
method. The results shows that the registration procedure has followed the rules,
but at the announcement stage the lack of public involvement to intervene in the
trademark registration application and at the substantive examination stage the
trademark examiner has different interpretations to the meaning of similarity in
principal or in whole.