In the era of globalization and increasingly fierce market competition, a trademark is one of the most valuable intangible assets to have. Especially in Indonesia, legal protection of registered trademarks serves as a crucial foundation for maintaining exclusivity, reputation, and product competitiveness in the local market.
However, registration alone is not sufficient. The obligation to actively use a trademark is a critical aspect that every trademark owner must understand. Failure to use a trademark within a specific time period can open legal avenues for other parties to file a cancellation lawsuit at the Commercial Court of the District Court.
Understanding Trademark Cancellation Lawsuits in Indonesia
A trademark cancellation lawsuit is a legal mechanism governed by the Indonesian Law on Trademarks and Geographical Indications No. 20 of 2016, which grants the right or opportunity for third parties to file for the cancellation of a registered trademark that has not been used commercially or in trade for at least five consecutive years from the date of registration or last use, without valid and justifiable reasons.
The aim of such lawsuits is to ensure that the list of trademarks registered with the Directorate General of Intellectual Property (DGIP) continues to reflect marks that are actively and genuinely used in the Indonesian market.
In this context, litigation through trademark cancellation lawsuits becomes a vital tool to combat “trademark parking” or “squatting” practices, where a party registers a trademark merely to block competitors, without the intention of actual use.
The PUREDERM Trademark Cancellation Case
The PUREDERM trademark cancellation case is a good example of how trademark law is applied in Indonesia. This case was heard, tried, and decided by the Panel of Judges at the Commercial Court of the Central Jakarta District Court under case number 10/Pdt.Sus-HKI/Merek/2025/PN Niaga Jkt.Pst, with the decision issued on March 24, 2025.
The PUREDERM trademark, initially registered under the name of Defendant Livienne Russellia, became the subject of a lawsuit by the Plaintiff, Adwin Korea Corporation, a South Korean cosmetics company seeking to expand into the Indonesian market.
The core issue in this case was the alleged non-use of the PUREDERM trademark for a consecutive five-year period by the Defendant, as stipulated in Article 74 of the Trademark Law, as amended by Constitutional Court Decision No. 144/PUU-XXI/2023.
The Plaintiff, represented by the Intellectual Property Law Firm Am Badar & Am Badar, filed the cancellation lawsuit to pave the way for their own PUREDERM brand to be registered and legally used in Indonesia.
The Importance of Trademark Use Obligations in the IP Protection System
The obligation to actively use a trademark is not a mere formality—it is a key pillar of effective trademark protection. This obligation serves several essential purposes:
- A trademark that is not used commercially for five consecutive years can be deleted at the request of an interested party.
- It encourages trademark owners to make real use of their rights, ensuring that the trademark registration system remains relevant and dynamic.
- It provides opportunities for new businesses and foreign brands to enter the Indonesian market without being blocked by inactive trademarks.
Thus, trademark cancellation lawsuits function as a market-cleansing mechanism that maintains the integrity of the registered trademark list and promotes healthy business competition.
Am Badar & Am Badar’s Litigation Strategy in the PUREDERM Case
Am Badar & Am Badar, an internationally recognized IP law firm Indonesia, is known for its expertise and track record in Intellectual Property Indonesia litigation, particularly in trademarks. In the PUREDERM case, our legal team implemented a comprehensive strategy that included:
- In-depth legal analysis: Thorough understanding of the Trademark Law and the complex criteria required to prove non-use of a trademark.
- Comprehensive evidence gathering: Conducting market surveys, Indonesia patent search, market surveillance, and compiling supporting documentation to demonstrate the Defendant’s lack of commercial trademark use in Indonesia.
- Persuasive litigation approach: Presenting strong, legally grounded arguments before the Commercial Court to defend our client’s interests and secure a favorable verdict.
- Facilitating global brand entry: Assisting international brands in overcoming legal barriers and entering the Indonesian market legally by removing inactive trademarks.
Key Takeaways for Trademark Owners in Indonesia
The PUREDERM case illustrates several critical lessons for all trademark owners:
- Ensure active and ongoing use of your trademark to avoid the risk of cancellation lawsuits by utilizing the mark in genuine commercial activities in Indonesia.
- Conduct regular audits and monitoring of your trademark status, periodically review your registration and usage, and monitor for potentially obstructive similar trademarks.
- Seek legal consultation early in your market expansion efforts, prior to entering the Indonesian market, consult with experienced Indonesia IP Consultant about potential trademark risks and protection strategies.
- Use litigation as a strategic tool, Indonesia trademark litigation is an effective legal solution for clearing out squatted trademarks and unlocking market opportunities.
Am Badar & Am Badar – Your Intellectual Property Legal Partner
With extensive experience in handling Indonesia trademark registration, Copyright Infringement Indonesia, and other IP cases, Am Badar & Am Badar is ready to be your strategic partner in all stages of trademark and IP protection, from registration to litigation. Our strengths include:
- A team of legal experts with deep knowledge of trademarks and Indonesia copyright law firm litigation;
- Proven and structured legal strategies based on empirical analysis and market data;
- A professional, pragmatic, and effective approach to case handling; and
- A strong track record of success in cancellation, invalidation, and enforcement cases in court.
Protect Your Trademark Assets with the Right Legal Steps
In Indonesia’s increasingly competitive market, your trademark is a valuable asset that must be protected both legally and strategically. Failure to comply with the obligation of use may lead to legal risks such as trademark cancellation lawsuits, which could strip you of your exclusive rights.
Proactive measures, such as trademark audits, legal consultations, and litigation readiness are key to successful trademark protection.
The PUREDERM case, handled by Litigation lawyer in Jakarta Indonesia, Am Badar & Am Badar, demonstrates how litigation through trademark cancellation can be a powerful strategic tool for unlocking market opportunities and ensuring strong legal protection for brand owners. Don’t let your trademark become a victim of “trademark parking” or other legal obstacles.
For consultations on Intellectual Property protection and trademark litigation strategies in Indonesia, contact Am Badar & Am Badar, your trusted Patent Law Firm Indonesia, via email at legal@ambadar.co.id or ambadar@ambadar.co.id. Protect your investment and ensure your business’s sustainability in the Indonesian market with the support of a trusted legal partner.
Written and reviewed by Nabil Baswel
