According to Amendment of the Article 74 of Trademark Law No. 20 of 2016, a cancellation law suit on the ground of non-use for 5 (five) consecutive years in trade of goods and/or services from the date of registration or of the last use may be filed by the third party through the Commercial Court. However, the plaintiff have to show evidences that the defendant’s mark has not been used for 5 (five) consecutive years in trade of goods or services from the date of registration or of the last use in Indonesia in filing of cancellation law suit on the ground of non-use. The plaintiff bears the burden of proving non-use and the plaintiff should not only prove non-use, but should also specify the time on which use of the mark ceased (If ever used before by the mark owner).
In practice, sometimes it is hard to be proved and to ascertain whether or not the registered mark is vulnerable to be cancelled based on non use. Because, there is no legitimate institution to watch or monitor the use of a mark in the actual market in Indonesia. Otherwise, it will be easier for the owner of the registered mark to prove that his mark is used. Normally, before submitting the non-use cancellation law suit, we have to conduct the preliminary investigation to compile all non-use evidences required to be shown before the court.
Normally, the total time required for final hearing (for smooth process) may take 4 months.
For further informarion, please feel free to contact us (info@asiamarkip.com)
