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Amendments to Trademark Laws

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Aug 30, 2024 (Newsletter Issue 8/24)
Indonesia
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Non-use cancellation period extended


A recent decision (Decision No. 144/PUU-XXI/2023) from the country's Constitutional Court has extended the non-use cancellation period from three years to five years, applicable from July 30, 2024. The Constitutional Court also added force majeure as an exemption from non-use cancellation.

Starting from July 30, 2024, plaintiffs in non-use cancellation lawsuits must provide evidence that the concerned registered trademark has not been used for five consecutive years. This means that any interested third party may need to wait and observe longer before filing a non-use cancellation action. Those who were in the process of preparing a non-use cancellation action must ensure that their market survey has gathered evidence of non-use for a consecutive five-year period, which may entail waiting for up to another two years.

While Decision No. 144 has granted force majeure as an exemption, the government will need to issue an implementing regulation for this. Force majeure is not yet a valid reason for not using a trademark registration in Indonesia.

Source: www.tilleke.com