chapter  2
10 Pages

Legal consequences of non-use in Indonesia

WithPrayudi Setiadharma

Removal of registration from the Trademark General Registry administered by the Directorate General of Intellectual Property (DGIP) is one of the two legal actions that can be launched by a third party against a registered trademark under the Indonesian system of trademark registration, the other being the cancellation of registration. The legal consequences of the Supreme Court affirming the Commercial Court’s decision for the removal of the plaintiff’s registered marks were, in accordance with Article 65 of Law no. 15 of 2001 concerning trademark, that the DGIP shall immediately remove the mark registrations in question from its General Registry. The Supreme Court was eventually divided, as one justice took a dissenting opinion from the eventual judgment that reaffirmed the earlier commercial court’s decision. The Supreme Court did not differ from the Commercial Court’s decision, which stated that: Considering that the aforementioned facts were learned from the result of a market survey conducted by Berlian Group Indonesia.