Do we need to have a trademark application and/or registration in Indonesia if we would like to file a cancellation action?

Pursuant to the Article 76 paragraph (2) of the Indonesian Law No. 20 of 2016 on Mark and Geographical Indication, “An owner of unregistered Mark may file a cancellation action as referred to in paragraph (1) after filing an Application to the Minister“. Based on the said provision, the owner of unregistered trademark has to file a trademark application in Indonesia before filing the cancellation action, this requirement is aimed to show that the said party has a good faith to obtain the trademark registration in Indonesia.

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