CANCELLATION OF TRADEMARK

In the law of Trademark and and Geographical Indication Number 20 of 2016, it is stated in Article 76 pharagraph 1 that “The cancellation of a registered trademark can be filed by an interested party on the ground referred to Article 20 and/or Article 21”. What has happened recently is the cancellation of trademark in Indonesia based on Article 21 (b) “The application is rejected if the Mark has similarity in essence or in its entirety to the well-known mark of another party for similar goods and / or service”. In addition, the cancellation of this mark is also based on Article 21 (3) where “An application is rejected if it is filed by an applicant with bad fait”.

Based on the said reasons, the well-known trademark owners can take legal action to cancel the trademarks of other parties registered in Indonesia in order to protect their exclusive trademark rights in Indonesia. In this case, Am Badar & Partners had repeatedly helped its clients to win the cancellation lawsuit against the registered mark both at the commercial court nor the Supreme Court. The legal action taken by the well-known trademark owners through their attorney Am Badar & Partners is the right step to protect their brands in Indonesia.

The plaintiffs who have made the above legal remedies are the leading companies from the various countries in the world that are engaged in the production of goods and services whose business activities have been running for decades. Apart from that, the plaintiffs also succeeded in expanding the distribution market and at the same time also consistently protecting their brands in many countries. Thus, people around the world have clearly known that these types of goods and services were actually owned by the plaintiffs for a long time, some of which are also the names of the Legal Entity of the Plaintiffs.

Therefore, based on the above evidences and the fact that there are similarities in the kind of goods and / or services between the plaintiff’s mark and the Defendant’s mark, it can be concluded that the Defendant has registered his mark in bad faith, namely to piggyback on the reputation of the Plaintiff’s mark.

From the cases handled by Am Badar & Partners, it has proven that the image and credibility of a trademark is important to maintain. Business owners should register trademarks that are their own creations or creatifities in order to create the healthy trade and business activities. However, this positive atmosphere does not escape from the important role of the legal institutions involved so that the good faith in protecting the Intellectual Property and Rights in Indonesia is maintained very well.

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