Owning a trademark certificate is a huge win, but don’t assume it’s a permanent “shield” that can never be broken. In Indonesia, even if you’ve already registered your brand, other people can still challenge it. Our legal system here uses a “first-to-file” rule, but there are ways for a registered mark to be taken down if it shouldn’t have been there in the first place.
Under Law No. 20 of 2016, there are two main ways a mark disappears: cancellation or removal. Usually, cancellation is about a legal mistake made during the filing process. On the flip side, removal (or deletion) happens when a brand sits idle and isn’t actually being used to sell anything.
Short answer: A trademark certificate doesn’t make your brand untouchable. Your registration could be revoked if there was dishonest intent, if it copies another brand, if it’s designed to trick people, or if it simply breaks local laws
What Is Trademark Cancellation in Indonesia?
Cancellation is a legal way to “kill” a trademark that is already on the books. Don’t confuse this with an opposition. You file an opposition to block a brand before it gets registered. Cancellation, however, happens after the registration is already finished.
If another company feels your brand is a copycat or was registered with bad faith, they can take you to court. If they win, your brand is officially wiped off the trademark registry.
Cancellation vs. Opposition vs. Non-Use Removal
| Action | When It Happens | Main Purpose |
| Opposition | During the publication period | To stop a mark from being registered. |
| Cancellation | After registration | To invalidate a mark typically due to bad faith or non use |
Why Can a Trademark Be Cancelled in Indonesia?
Why would a court decide to cancel a mark? Here are the most common reasons:
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- Bad Faith: The applicant files a trademark with dishonest intentions to cheat the system instead of doing legitimate business.
- Copycatting: The mark essentially functions as a clone, shamelessly mimicking the identity of an older, established name.
- Famous Brands: This is a clear case of riding a global giant’s coattails just to cash in on their international fame.
- Misleading Information: When a brand is basically a scam designed to trick buyers with fake claims about its quality, it’s bound to fail.
- Illegal Content: Certain words or icons are simply off-limits; if they’re legally banned or trash public decency, they won’t last on the register.
The legal hammer for these issues, especially regarding bad faith and conflicting prior rights comes directly from Law No. 20 of 2016.
Ground 1: The Trademark Was Registered in Bad Faith
In Indonesia, “bad faith” is one of the heaviest hammers used to cancel a trademark. It happens when someone registers a mark with a hidden, dishonest agenda. A common play is “trademark squatting”, essentially hijacking famous names just to block actual competitors or to hold the name hostage until the original owner pays a massive “ransom” to get it back.
Examples of Bad Faith Registration
- The Sneaky Distributor: A local partner who secretly registers their foreign principal’s brand under their own name without consent, usually to gain unfair leverage.
- The Competitor Block: A business registers a name very similar to a rising competitor just to create confusion.
- The Squatter: Someone registers dozens of famous international marks they never intend to use.
Ground 2: The Mark Is Similar to an Earlier Trademark
Since Indonesia follows a first-to-file system, the person who files first usually wins. If your mark is “confusingly similar” to one that was already on the register, it could be cancelled. This similarity isn’t just about spelling; it covers:
- Sound (Phonetic): Even if the spelling is unique, it’s a problem if the names sound identical when you say them out loud.
- Look (Visual): This covers logos that use the same color palettes, shapes, or overall layouts.
- Meaning (Conceptual): Using a different language won’t help if the underlying idea or “vibe” is a carbon copy of an existing brand.
Ground 3: The Mark Conflicts With a Well-Known Mark
In Indonesia, you can’t just “sit” on a trademark. You have to actually use it to sell goods or services. If you leave a mark untouched for years, a competitor can ask to have it removed to clear the way for their own business.
Important Update: While the old rule was 3 years, a 2024 court decision has pushed this to 5 years. If you haven’t sold anything under that brand for 5 years straight, it’s officially at risk.
Ground 4: The Trademark Misleads Consumers
You cannot register a mark that lies to the public. If a brand name implies a product is “Organic” or “Made in France” but the reality is different, it’s open to a legal challenge. This also applies to names that make it look like you’re officially connected to a government body or a famous institution when you’re actually not.
Ground 5: The Mark Contains Prohibited Elements
In Indonesia, certain elements simply cannot be locked down for private use. Your application is bound to fail if it features:
- Official Symbols: Things like national flags or government emblems.
- Generic Words: You can’t claim ownership of the word “Coffee” if you are actually selling coffee.
- Offensive Content: Anything that goes against local morality, religious values, or public order.
Ground 6: The Trademark Is Not Used (Non-Use Removal)
In Indonesia, you have to “use it or lose it.” If your brand is registered but just sits there without any actual commercial activity, someone else can ask to have it removed.
Note: Keep in mind that while the old limit was 3 years, a 2024 Constitutional Court decision reportedly moved this to 5 years. This means a mark is usually safe from “non-use” removal until it has been inactive for half a decade.
Who Can File a Trademark Cancellation Action?
Generally, any “interested party” can file. This often includes:
- Owners of earlier registered trademarks.
- Owners of international well-known brands.
- Business partners or distributors in an ownership dispute.
- Competitors who feel the mark was filed in bad faith to block them.
Evidence Needed in a Cancellation Case
Winning a cancellation case is all about having a solid paper trail. You can’t just claim a mark is unfair; you have to prove it with actual data. Most successful cases rely on evidence like:
- Global Presence: Prove your brand’s reach by showing your trademark filings from other countries.
- Sales History: Use old receipts or shipping documents or anything that shows you used the brand name long before they did.
- Digital Footprint: Things like old website screenshots or social media archives and old ads really help.
- Behind-the-Scenes Links: Look for old emails or contracts. If you can show they already knew about your brand, it’s a “game over” for their bad faith filing.
Key Takeaways
- Getting registered is just the start; your mark can still be challenged if there’s a legal flaw in the application.
- Most disputes happen because of “copycat” brands or registrations made with dishonest intent.
- A trademark isn’t a “set it and forget it” asset, you have to keep using it to keep it.
- The stronger your evidence of prior use, the easier it is to win a legal fight.
- When things get complicated, it is always a good idea to let experts like Widjojo handle the heavy legal lifting.
FAQs About Trademark Cancellation in Indonesia
Can a trademark be cancelled for bad faith?
Absolutely. If you can show that the person who registered the mark did it to exploit your brand or with dishonest motives, the court has strong grounds to cancel it.
Is cancellation different from opposition?
Yes. Opposition happens before a mark is registered. Cancellation happens after the mark is already on the register.
How long do I have to use my mark before it can be removed?
Following a court decision in 2024, a registered mark can now be challenged for removal if it stays inactive for five years in a row.
Does a trademark protect my domain name?
No. Your trademark is your legal brand name, but a domain is just for your website. They are not the same thing. You really need both to be fully protected.
Conclusion
In the fast-moving Indonesian market, protecting your brand is an ongoing battle of vigilance. From keeping an eye out for copycats to ensuring your mark doesn’t sit idle, staying proactive is the only way to keep your intellectual property safe. Don’t wait for a legal headache to land on your desk before you take action.
If you’re unsure about your brand’s safety or need a solid strategy to defend your rights, let the experts at Widjojo handle the heavy legal lifting. We navigate the complexities of trademark law so you can focus on growing your business with total peace of mind.
