What kind of cancellation action can be filed in Indonesia?

There are 2 (two) kinds of cancellation action, namely the cancellation action based on non-use and based on well-known mark. The cancellation of registered mark based on non-use is regulated in Article 74 Paragraph (1) of the Indonesian Law No. 20 of 2016 on Mark and Geographical Indication which asserts that:

A deletion of a registered trademark may be filed by interested third parties in the form of a lawsuit to the Commercial Court on the grounds of the trademark is not used for (3) three consecutive years in the trade of goods and/or services from the date of registration or the last use“.

Meanwhile, the cancellation action on the basis of a well-known trademark is regulated under Article 76 Paragraph (1) of the Indonesian Law No. 20 of 2016 on Mark and Geographical Indication:

A lawsuit for the Cancellation of a registered mark may be filed by any interested party on the grounds as referred to in Article 20 and/or Article 21“.

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