Trademarks play a crucial role in economic development as they establish the identity of goods and services. In Indonesia, trademarks registered through Indonesia trademark registration receive legal protection, granting the owner exclusive rights to use or authorize others to use the mark.
However, a registered trademark can be challenged through a lawsuit filed at the Commercial Court if valid grounds exist. Under the Indonesia IP Consultant framework, one of the common reasons for a trademark cancellation lawsuit is the presence of a well-known trademark that has not been officially registered in Indonesia.
Legal Basis for Trademark Cancellation in Indonesia
The legal foundation for filing a trademark cancellation lawsuit is outlined in Article 76 of Law No. 20 of 2016 on Trademarks and Geographical Indications. Such lawsuits are brought before the Commercial Court against the registered trademark holder. Grounds for cancellation fall into two categories:
- Absolute Grounds – as regulated under Article 20 of the Trademark and Geographical Indications Law.
- Relative Grounds – as per Article 21 of the same law, which includes conflicts with well-known trademarks.
Challenges in Trademark Cancellation Lawsuits in Indonesia
One of the most complex issues in Indonesia trademark litigation is proving that a trademark qualifies as well-known. The Patent Law Firm Indonesia community recognizes that trademark disputes based on well-known status face several challenges:
1. Proving Trademark Recognition
Even if a brand is famous internationally, proving its recognition in Indonesia is difficult. Courts may require extensive evidence such as global registration certificates, sales data, and international awards. A litigation lawyer in Jakarta Indonesia can assist in preparing strong evidence.
2. Legal Interpretation Issues
The lack of clear criteria for a well-known trademark leads to subjective interpretation by judges, causing legal uncertainty in Indonesia trademark litigation cases.
3. Competition from New Trademarks
Lesser-known brands may register trademarks similar to established global brands through Indonesia trademark registration. Over time, this leads to market confusion and possible disputes requiring cancellation proceedings.
4. Legal and Procedural Complexity
The legal process for trademark disputes in Indonesia is highly technical, requiring expertise in Indonesia intellectual property law. Engaging a patent law firm Indonesia ensures proper navigation through court proceedings.
Role of an IP Law Firm in Trademark Cancellation Lawsuits
Given the complexities of intellectual property Indonesia, securing legal representation from an experienced IP law firm Indonesia is crucial.
Am Badar & Am Badar IP Law Firm is a leading Indonesia copyright law firm with a proven track record in handling trademark disputes, litigation, and registration. The firm has successfully represented international clients in Indonesia patent search, trademark registration, and copyright infringement Indonesia cases.
Notably, Am Badar & Am Badar has handled high-profile trademark disputes involving brands such as PUMA, CHELSEA, RINGO STARR, DOLCE & GABBANA, BOSE, PERIPERA, PROENZA SCHOULER, and GIANMARIA BUCCELLATI. Their expertise in Indonesia trademark litigation allows them to craft strategic legal solutions tailored to each case.
Why Choose Am Badar & Am Badar IP Law Firm?
- Expertise in IP Law – As a leading IP law firm Indonesia, Am Badar & Am Badar has a deep understanding of Indonesia trademark registration laws.
- Experience in Well-Known Trademark Disputes – The firm has handled numerous high-profile cases, ensuring strong representation for intellectual property Indonesia clients.
- Comprehensive Legal Support – From Indonesia patent search to copyright infringement Indonesia litigation, the firm provides full-spectrum legal services.
- Dedicated Legal Team – Their litigation lawyer in Jakarta Indonesia team is highly skilled and committed to achieving the best outcomes.
For more information on trademark disputes, Indonesia trademark registration, or other intellectual property issues, contact Am Badar & Am Badar at ambadar@ambadar.co.id or legal@ambadar.co.id.
Written and Reviewed by Nabil Baswel
