Is there any deadline for filing the cancellation action?

Pursuant to Article 77 Paragraph (1) of Indonesian Trademark and Geographical Indication Law No. 20 of 2016, “ A lawsuit for the Cancellation of Mark registration can only be filed within 5 (five) years as of the date of mark registration“. In other words, the cancellation action should be filed within 5 years counted from the registration date of adversary party’s trademark.

However, according to Article 77 Paragraph (2) of Indonesian Trademark and Geographical Indication Law No. 20 of 2016 which states that “ A lawsuit for the Cancellation can be filed without any time limitation if there is bad faith element and/or the concerned Mark is in contradiction to the State ideology, the laws and regulations, morality, religion, decency, or public order“, there will be no deadline for filing the cancellation action as long as the client can prove that the adversary party’s trademark was filed in bad faith.

 

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